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^Messages and Proclamations 

OF THE 

governors 

OF THE 

STATE of MISSOURI 



COMPILED AND EDITED BY 

GRACE GILMORE AVERT, A. B. 

and 

FLOYD C. SHOEMAKER, A. M. 

SECRETARY OF THE STATE HISTORICAL 
SOCIETY OF MISSOURI 



VOLUME VI 



Published by 

THK STATK HISTORICAL SOCIETY OF MISSOURI 
COLUMBIA, MISSOURI 

1924 



COPYRIGHT 1924 BY 
THE STATE HISTORICAL SOCIETY OF MISSOURI 



PREFACE 



This volume of the ''Messages and Proclamations of 
the Governors of the State of Missouri" includes the mes- 
sages and proclamations of Governors John Smith Phelps 
(1877-1881), and Thomas Theodore Crittenden (1881-1885). 

FLOYD C. SHOEMAKER. 
Columbia, 1924. 

(ill) 



CONTENTS VOLUME VI 



GOVERNOR JOHN SMITH PHELPS 

PAGE 

BIOGRAPHICAL SKETCH, By John S. Harrington .... 3 

INAUGURAL ADDRESS ..... 7 

FIRST BIENNIAL MESSAGE 20 

SECOND BIENNIAL MESSAGE ........ 61 

VETO MESSAGES 

To the House of Representatives ... 95 

To the House of Representatives ... . 98 

To the Senate 100 

To the Senate 102 

To the House of Representatives .... . 103 

To the House of Representatives 106 

To the House of Representatives 107 

To the House of Representatives 108 

Veto Recorded with the Secretary of State , . . . Ill 

Veto Recorded with the Secretary of State . . . . 114 

Veto Recorded with the Secretary of State . . . . 115 

To the House of Representatives 116 

Veto Recorded with the Secretary of State . . . . 119 

Veto Recorded with the Secretary of State .... 121 

Veto Recorded with the Secretary of State .... 122 

Veto Recorded with the Secretary of State .... 123 

Veto Recorded with the Secretary of State .... 124 

Veto Recorded with the Secretary of State .... 125 

Veto Recorded with the Secretary of State . . . 131 

SPECIAL MESSAGES 

To the Senate ... 133 

To the House of Representatives 133 

To the Senate 134 

To the Senate 134 

To the Senate . . .... 135 

To the Senate . ... .135 

To the Senate . ... 136 

To the Senate . .... 136 

To the Senate 137 

To the Senate and the House of Representatives . . 137 

To the Senate 144 

To the Senate .......... 144 

To the Senate . 145 

To the Senate and the House of Representatives . , 145 

To the Senate 148 



vi CONTENTS 

PAGE 

To the Senate 149 

To the Senate 149 

To the House of Representatives 150 

To the Senate .150 

To the House of Representatives 150 

To the House of Representatives 153 

To the House of Representatives . . . 154 

To the House of Representatives 154 

To the House of Representatives . ... 155 

To the House of Representatives 156 

To the Senate 157 

To the Senate .157 

To the Senate 158 

To the Senate 158 

To the Senate 159 

To the Senate 159 

To the Senate 160 

To the Senate 160 

To the Senate 161 

To the Senate and the House of Representatives . . . 101 

To the Senate 167 

To the Senate 167 

To the Senate 168 

To the House of Representatives 168 

To the Senate 169 

To the Senate 100 

To the Senate 170 

To the Senate 170 

PROCLAMATIONS 

Offering a Reward ,. 171 

Offering a Reward 173 

Offering a Reward 174 

Offering a Reward 174 

On the Repeal of Certain Proclamations . . . . 175 

Offering a Reward 176 

Offering a Reward 177 

Offering a Reward 178 

Offering a Reward 179 

An Appeal for Peace and Order 180 

Offering a Reward 181 

Offering a Reward 182 

Offering a Reward 183 

On Relinquishment of Land 184 

Offering a Reward 187 

Offering a Reward 188 

Offering a Reward 188 

Offering a Reward 189 

Offering a Reward 190 



CONTENTS Vll 

PAGE 

On Thanksgiving 191 

Offering a Reward 192 

To the People of Missouri Relative to the Universal Exposi- 
tion in Paris . 193 

On Declaring Certain Commissions Vacated . . . 194 

Offering a Reward , 195 

Offering a Reward . . .... 196 

Offering a Reward ... ... 197 

Offering a Reward . 198 

Offering a Reward . . .... 198 

On Restoration of Civil Rights .... . 199 

Offering a Reward . .... 200 

Offering a Reward . 200 

Offering a Reward . 201 

On Removal of Disabilities 202 

On Thanksgiving ' 203 

Offering a Reward . 204 

Offering a Reward .... . ' . 205 

Offering a Reward 205 

Offering a Reward 206 

Offering a Reward 207 

Offering a Reward 207 

Offering a Reward 208 

Offering a Reward 209 

Offering a Reward 209 

Offering a Reward 210 

Offering a Reward 21 1 

Offering a Reward 212 

On Removal of Disabilities 212 

Offering a Reward . . . . . . . . .213 

On Removal of Disabilities 214 

On Removal of Disabilities 215 

On Removal of Disabilities 215 

Offering a Howard 216 

On Removal of Disabilities 217 

On Removal of Disabilities 217 

On Removal of Disabilities ....... 218 

On Removal of Disabilities 219 

On Removal of Disabilities 219 

On Removal of Disabilities 220 

On Removal of Disabilities 221 

Offering a Reward 222 

Offering a Reward 222 

Offering a Reward 223 

Offering a Reward 224 

Offering a Reward 224 

Offering a Reward 225 

Offering a Reward 226 



Vlll CONTENTS 

PAGE 

Offering a Reward 227 

On Removal of Disabilities ... . . 227 

Offering a Reward .... . 228 

Offering a Reward .... , . 229 

On Removal of Disabilities . . . 229 

On Thanksgiving . .... 230 

Offering a Reward . . . 231 

On Removal of Disabilities . . * 232 

Offering a Reward .... 232 

On Removal of Disabilities ... 233 

On Removal of Disabilities .... 234 

Offering a Reward . ... ... 234 

On Removal of Disabilities ... . 235 

Offering a Reward . 236 

On Removal of Disabilities 236 

On Removal of Disabilities ... . . . 237 

On Removal of Disabilities ... . 238 

Offering a' Reward . . ... 238 

On Removal of Disabilities 239 

Offering a Reward 240 

On the Completion of the State Lunatic Asylum at St. 

Joseph 240 

Offering a Reward .241 

On Declaring Certain Commissions Vacated . . 242 

On Removal of Disabilities .... , 242 

On Removal of Disabilities . . . 243 

On Removal of Disabilities . , . 244 

Offering a Reward . 245 

On Removal of Disabilities . . . 245 

On Removal of Disabilities . . . 246 

On Removal of Disabilities . , 247 

Offering a Reward . . 247 

Offering a Reward . . 248 

On Removal of Disabilities 249 

Offering a Reward . 250 

On Removal of Disabilities , 251 

On Removal of Disabilities . 251 

Offering a Reward . . 252 

Offering a Reward . ... 253 

Offering a Reward , 254 

Suspending George E. Mayhall from Office . 254 

On the Enforcement of Election Laws . . 255 

On Removal of Disabilities .... , , 256 

On the Enforcement of Election Laws . . , 257 

On Thanksgiving . 258 

Offering a Reward ... 259 

Offering a Reward ... . 259 

Offering a Reward 260 



CONTENTS IX 

PAGE 

Offering a Reward . . . 261 

On. Removal of Disabilities .... . 261 

On Removal of Disabilities 262 

MEMORANDA OF PROCLAMATIONS, WRITS OF ELECTION AND VETO 
NOTICE 

May 24, 1877 . 263 

September 17, 1877 . 263 

September 27, 1S77 . 263 

September 16, 1878 . .... 264 

September 30, 187$ ... .264 

October 22, 1878 . . . 264 

January 23, 1879 . . .... 264 

March 24, 1879 . . 265 

December 10, 1879 265 

August 6, 1880 . 265 

GOVERNOR THOMAS THEODORE CRITTENDEN 

BIOGRAPHICAL SKETCH, By Sarah Guitar 269 

INAUGURAL ADDRESS .... .... 272 

FIRST BIENNIAL MESSAGE 291 

SECOND BIENNIAL MESSAGE 364 

VETO MESSAGES 

To the Senate 439 

To the House of Representatives ..... 441 

To the Senate ... 442 

To the House of Representatives . . . 443 

To the House of Representatives .... . 445 

To the House of Representatives 445 

To the House of Representatives .... . 447 

SPECIAL MESSAGES 

To the Senate . . . 448 

To the Senate ... ... . . 448 

To the House of Representatives . ... 449 

To the House of Representatives . ... 449 

To the Senate .... 449 

To the House of Representatives . . . 450 

To the House of Representatives , ... 451 

To the Senate . ... 451 

To the Senate . . 451 

To the Senate .... 452 

To the Senate . . - 452 

To the House of Representatives .... 453 

To the House of Representatives . 453 

To the House of Representatives . 454 

To the House of Representatives . . 454 

To the Henato ... ... . 455 



X CONTEN'I S 

PAGE 

To the Senate . 456 

To the General Assembly . . . 456 

To the House of Representatives 457 

To the House of Representatives . 459 

To the Senate .... 460 

To the Senate . 460 

To the Senate . 461 

To the Senate .... .461 

To the House of Representatives . . , 462 
To the Senate .... , .463 

To the House of Representatives . . , 463 

To the Senate . 464 

To the Senate . .464 

To the House of Representatives . 465 

To the Senate .... ... 466 

To the Senate ... 466 

To the House of Representatives . . 467 
To the Senate .... . .467 

To the Senate .... 468 

To the Senate .... . ,468 

To the Senate , 469 

To the Senate . 470 

To the House of Representatives . . . 470 

To the Senate 472 

To the Senate . 473 

To the Senate 473 

To the Senate : 474 

To the Senate 474 

To the Senate 475 

To the House of Representatives 476 

To the House of Representatives 476 

To the Senate 477 

To the Senate ... 477 

PBOCLAMATIONS 

Offering a Reward 478 

On Removal of Disabilities ... . . 479 

On Removal of Disabilities 479 

Offering a Reward 480 

On Removal of Disabilities 481 

Offering a Reward ......... 4g2 

On Removal of Disabilities 432 

Offering a Reward 483 

Offering a Reward 484 

Offering a Reward . 435 

On Removal of Disabilities 485 

Offering a Reward 480 

Making Known the Senatorial Districts . ... 487 



CONTENTS XI 

PAGE 

On Removal of Disabilities 489 

Offering a Reward 490 

Suspending an Execution ....... 491 

Offering a Reward . 492 

Offering a Reward . 492 

Offering a Reward 493 

Offering a Reward 494 

Offering a Reward 494 

Offering a Reward 496 

Offering a Reward 497 

Offering a Reward 497 

Offering a Reward 498 

On Memorial Services for President Garfield . . . 499 

Offering a Reward 500 

Offering a Reward 501 

Offering a Reward 501 

On Thanksgiving 502 

Offering a Reward ... 503 

On Removal of Disabilities .... . 504 

On Declaring Certain Commissions Vacated .... 504 

On Removal of Disabilities 505 

On Removal of Disabilities 506 

Offering a Reward 507 

Offering a Reward 507 

On Removal of Disabilities 508 

Calling a Special Session of the General Assembly . . . 509 

Offering a Reward 510 

Offering a Reward 510 

On Removal of Disabilities 511 

Offering a Reward .... .... 512 

Offering a Reward ... 513 

Offering a Reward 513 

Offering a Reward 514 

Offering a Reward 515 

Offering a Reward 515 

Offering a Reward 516 

Removal of Disabilities 517 

On Declaring a Commission Vacated .... 518 

Offering a Reward 518 

Offering a Reward 519 

On Revoking the Proclamation of July 28, 1881 . . 520 

On the Death of Willard P. Hall 521 

On Thanksgiving 521 

Offering a Reward ... 522 

Offering a Reward 523 

Offering a Reward 524 

On Removal of Disabilities 525 

Offering a Reward 525 



Xll CONTENTS 

PAGE 

Suspending an Execution . . ^ 526 

Offering a Reward . .... 527 

On Removal of Disabilities 528 

On Removal of Disabilities 528 

Offering a Reward . . 529 

On Removal of Disabilities . , 530 

Offering a Reward ... . 531 

Offering a Reward 531 ' 

On Declaring Certain Commissions Vacated . . . 532 

On the Indebtedness of the State of Missouri to the State 

Board of Education 533 

On the Indebtedness of the State of Missouri to the State 

Board of Education . .... 534 

Offering a Reward . . .535 

On Removal of Disabilities ... . 536 

On Removal of Disabilities . ... 537 

Offering a Reward . .... 538 

Offering a Reward ... . . 538 

On Removal of Disabilities . . 539 

On Removal of Disabilities . . ... 540 

On Removal of Disabilities ... . 541 

On Removal of Disabilities .... 541 

On Removal of Disabilities . . . 542 

On Removal of Disabilities . ... . 543 

Offering a Reward ...... ... 544 

On Removal of Disabilities . 545 

On the Indebtedness of the State of Missouri to the State 

Board of Education 546 

On Thanksgiving 547 

On the Adoption of Railroad Standard of Time . . 548 

On Removal of Disabilities . 549 

On Declaring a Commission Vacated . . 550 

On Removal of Disabilities .... . 550 

Offering a Reward ... , 551 

On Removal of Disabilities . . . . . 552 

On Removal of Disabilities . ... 553 

Offering a Reward ... ... 554 

On Removal of Disabilities .... . 554 

On Removal of Disabilities . 555 

On Removal of Disabilities 556 

On the Indebtedness of the State of Missouri to the Stato 

Board of Education 557 

On the Indebtedness of the State of Missouri to the State 

Board of Education ... ... 558 

Offering a Reward 559 

Offering a Reward .... .... 560 

On Removal of Disabilities .... ... 561 

Offering a Reward 562 



CONTENTS Xlii 

PAGE 

Offering a Reward 562 

On the Indebtedness of the State of Missouri to the State 

Board of Education ... . 563 

Offering a Reward . 564 

On Declaring Certain Commissions Vacated . 565 

On Removal of Disabilities ... . . 566 

Offering a Reward ..... . 566 

Offering a Reward .... . 567 

Offering a Reward . . . 568 

On Removal of Disabilities .... . 569 

Offering a Reward . . . 569 

On Removal of Disabilities . . . 570 

Offering a Reward . . 571 

Offering a Reward ... . ... 572 

Offering a Reward .... . . 572 

On Removal of Disabilities .... . 573 

On Removal of Disabilities . . . 574 

On Removal of Disabilities . 575 

Offering a Reward . . . ... 575 

Offering a Reward . . . 576 

On Removal of Disabilities 577 

On Removal of Disabilities 577 

On Removal of Disabilities 578 

On Maintaining Order at the Polls 579 

On Thanksgiving .... .... 581 

On Removal of Disabilities 581 

Offering a Reward 582 

On an Amendment to the State Constitution .... 583 

Offering a Reward . . 587 

On Removal of Disabilities ... .... 587 

Offering a Reward . 588 

Offering a Reward 589 

On Removal of Disabilities . ... . 589 

MEMORANDA OF PBOCLAMATIONS AND WRITS OF ELECTION 

March 27, 1882 591 

March 27, 1882 591 

March 27, 1882 .... 591 

March 27, 1882 : 592 

March 27, 1882 .... . ... 592 

August 29, 1882 ... . ... 592 

October 3, 1882 . .593 

October 5, 1882 593 

October 5, 1882 .... 593 

October 9, 1884 594 

December 23, 1884 594 



GOVERNOR JOHN SMITH PHELPS 




JOHN S. PHELPS 

Governor 1877-1881 



JOHN SMITH PHELPS 

BY 

JOHN S. FARRINGTON 

John Smith Phelps, lawyer and statesman, was born 
in Simsbury, Connecticut, on December 14th, 1814. 

He followed in the footsteps of his father, Elisha Phelps, 
who was admitted to practice law in Hartford, Connecticut, 
in 1803, served in both branches of the State Legislature, 
and was afterwards sent to Congress for two terms having 
been elected on the Democratic ticket. 

After receiving his degree at Trinity College, Hartford, 
Conn., in 1832, John S. Phelps entered his father's law office 
where he laid the foundation for his legal career, practicing 
there until 1837. 

Having married Mary Whitney of Hartford, he soon 
thereafter turned his face toward the west, settling in Spring- 
field, Missouri, in which place he made his permanent home. 
On his arrival in Missouri he learned that licenses to practice 
law were issued only after an examination. He sought 
Judge George Tompkins, who was then on the Supreme 
Court of Missouri, and was one of the first three members 
of that court, and applied for admission to the bar. It is 
said that at that time Judge Tompkins was clearing the 
timber off of a piece of land in Cole County and that the 
examination of Phelps took place out in the clearing, both 
Judge and applicant seated on a log. The examination 
resulted in the issuance of a license which was written and 
signed by the Judge on a page torn from a memorandum 
book. His force of character, democratic manner and 
educational equipment soon won for him a large clientage 
and many friends. 

Within three years after locating in Springfield he was 
elected to the State Legislature. 

(3 ) 



4 MESSAGES AND PROCLAMATIONS OF 

When he began the practice of law in Missouri it was 
necessary for a lawyer to be a good horseman and to be 
able to adjust himself to any and all conditions, for the 
circuit had to be ridden by both Bench and Bar. It was 
doubtless in this way that he attached to himself the host 
of clients and friends who could be depended upon to sup- 
port him in his stand on public questions. The late Admiral 
Sebree related to the writer of having at one time seen 
Phelps in St. Louis. The Admiral, a small boy, had ac- 
companied his father to St. Louis who had gone there on 
business. While they were seated in the lobby of the old 
Planters Hotel they saw a distinguished, striking looking 
man walk through the lobby. The boy turned to his father 
and inquired who he was. He was informed that it was 
John S. Phelps of the Ozarks. He was then told that the 
Ozarks was a vast region or territory in Southern Missouri, 
mountainous and sparsley inhabited, and that the people 
of that section were always most interested in two events, 
one being whether the hickory nut crop would be bountiful 
next season, and the other whether John S. Phelps would be 
re-elected to Congress. 

He was elected to the Congress of the United States 
first in 1844 and served continuously for 18 years. During 
this service he was on the Ways and Means Committee and 
for some time was Chairman of that important Committee. 

No man in Congress, during his incumbency of that 
office, wielded more force than did Phelps. His education, 
high integrity, ceaseless labor, democratic and brusque manner 
surrounded him with a following from the South, East and 
West to such an extent that no important measure could be 
passed without his support. 

While he was Chairman of the Ways and Means Com- 
mittee he was sent to New Mexico to superintend the loca- 
tion of a transcontinental railroad, and as a result of his 
report on the same to the Congress the Sante Fe Railroad 
was granted a right of way. 

His influence was always exerted toward pacifying the 
two contending parties on the slavery question, but when 



GOVERNOR JOHN SMITH PHELPS 5 

the War came on he, being a Douglas Democrat, had no 
hesitancy in standing for the Union. It was only because 
of his northern birth and Union sympathies that he was 
defeated for Speaker of the House, a position to which his 
rank as Chairman of the Ways and Means Committee 
entitled him. 

The fight in Congress over the admission of Oregon to 
statehood gave way when he was, after much solicitation, 
won over to that side. 

It is a coincidence worthy of notice that later his only 
daughter, Mary, became the wife of Colonel Johrt B. Mont- 
gomery, a prominent citizen of Oregon, in \vhich State she 
afterwards made her home. 

When the Civil War came on he raised a regiment that 
participated in the battle of Pea Ridge. He afterwards 
was appointed Military Governor of Arkansas, which he 
gave up on account of ill health. He attained the rank of 
Brigadier-General in 1862. 

In 1864 he again resumed the practice of law in Spring- 
field. The law firm of which he was the senior member was 
organized under the style of Massey, McAfee and Phelps. 
Contrary to the usual custom, the youngest member was 
placed at the head and the senior at the end. 

Missouri has produced no stronger firm of lawyers 
than this trio, Benjamin U. Massey, Captain C. B. McAfee 
and John S. Phelps. 

In 1868 he re-entered the political arena and was 
nominated for Governor on the Democratic ticket and was 
defeated for election. His party again gave him the nomina- 
tion in 1876, and as a result he was elected by an over- 
whelming majority. He was Governor of Missouri from 
1877 to 1881, and ever since the members of both political 
parties have characterized his term as a strong and splendid 
administration. 

He was a firm believer in law enforcement, and his 
experience as a lawyer had taught him that the best way 
to bring about law enforcement was to let the verdicts of 



6 MESSAGES AND PROCLAMATIONS OF 

juries and sentences of courts stand. A story of his firm- 
ness in this respect was related to me by an eye witness. 

On one of his visits to Springfield while he was Gov- 
ernor, a mother came to see him. Her mission was to 
plead for the life of her son who had been tried by the court 
and found guilty of murder. They went into his private 
office where he heard her stofy after so long they came out. 
The Governor had said No, but he was crying and seemed 
more affected than the mother. His answer was, "Your 
son has violated the law and I cannot allow my sympathies 
or personal wishes to set that law aside." 

His name has been perpetuated not only by his acts 
and deeds as a citizen both in private and public life but 
as well by the citizens of his home who in memory of him 
have dedicated a public school to his name and have set 
apart a beautiful park in the south part of the city known 
as Phelps Grove Park. It is a part of the old Phelps estate, 
land that he once owned. He died in St. Louis on November 
20th, 1886, and was buried in Hazelwood Cemetery at 
Springfield, Mo. 

Missouri, since organized as a state, has contributed 
much in statesmanship to the country. In that period, 
beginning 30 years prior to the Civil War, and continuing 
to 1890, three statesmen stand out above them all. The 
name of one of them is Benton, of another Blair, and of the 
third is Phelps. His influence has reached much farther 
than he ever dreamed it would while he was a principal 
character in the scenes of his time. It was only last year 
that Governor Pinchot of Pennsylvania said that it was his 
hope that he as Governor of Pennsylvania might follow 
the precepts of his ancestor, once Governor of Missouri, 
John S. Phelps. 



GOVERNOR JOHN SMITH PHELPS 

INAUGURAL ADDRESS 

FEBRUARY 8, 1877 
From the Journal of the House of Representatives, pp. 5%-59 



Mr. President, Senators and Representatives: 

Called by the voluntary suffrages of the people from 
private life to fill the office of Chief Executive of this great 
State, I appear before you to solemnly pledge myself to the 
faithful performance of the duties which pertain to that 
office. 

With the duties and responsibilities of public life in 
high and important trusts I have been familiar, and what- 
ever of experience I may have had, only the better qualifies 
me for the discharge of the important duties which now 
devolve on me. 

I hope I have a profound regard for the great trust I 
am about to assume, of its grave duties and its heavy re- 
sponsibilities; and though conscious of my own weakness, 
as well as of the magnitude of the charge, I faithfully 
promise to dedicate my abilities to the assiduous discharge 
of the duties entrusted to me. And to you assembled here 
today, and through you to the people of this State, I return 
my profound thanks for the high and distinguished honor 
which has been conferred on me. 

I hope, that during my official career, I shall be en- 
couraged in the discharge of my public duties with the 
generous confidence and cordial support of the people of 
the State. 

I trust we are assembled, not as partisans, but as 
patriots, with a sincere determination to support the right, 
and to condemn the wrong. We are assembled not to carry 
out our own wishes, but to respect and speak the voice of 
the people, restrained within constitutional limits. 



8 MESSAGES AND PROCLAMATIONS OF 

For a time the destinies of the people of this State 
have been confided to us, and it is to be hoped our delibera- 
tions will be characterized by wisdom, patriotism and 
justice. 

OUR RESOURCES. 

Situated in the centre of the Union, the heart of the 
great valley of the Mississippi this State, now the fifth 
in population, will exert if wise counsels shall prevail, an 
immense influence in the affairs of this Union. We have 
but little more than completed the semi-centennial year of 
our existence as a State, with a population about three- 
quarters of a million less than the thirteen colonies had when 
our forefathers declared the people of the colonies free and 
independent. With a mild, genial and salubrious climate, 
suited to the production of everything, except the products 
of the tropics with a kind and fertile soil, yielding bounti- 
fully to the hand of the husbandman with numerous 
deposits of the baser metals more valuable to the miner 
and to the capitalist than mines of the precious metals 
with prairie and woodland interspersed with numerous 
springs and rivulets coursing through the State to the 
large rivers in and bordering on the State there is every- 
thing in climate, soil, ores and natural products to invite 
and induce immigration and capital to our State. 

Let us but perform the duty we owe to ourselves and 
the people of this State, and we shall rapidly increase in 
wealth and population. 

PUBLIC EDUCATION. 

Besides these natural advantages possessed by us in so 
eminent a degree, we can with pride point to our system of 
education, commencing with our common schools and 
ending with the University of the State. 

The colored people, but recently kept in ignorance by 
the servitude which enchained them, now have all the ad- 
vantages equally with the whites, of our common school 
system. And in addition thereto we have established a 



GOVERNOR JOHN SMITH PHELPS 9 

Normal School the Lincoln Institute for the purpose of 
educating colored teachers for that race. And it is to be 
desired that the colored people shall furnish persons com- 
petent and well qualified to teach in the common schools, 
where their children are to be educated. This can and 
should be done. The Normal Schools, the School of Mines, 
the Agricultural College, and the State University have 
received, and I trust will continue to receive, the fostering 
care and support of the State government. 

And here let me say that during the last few years it 
has been of frequent remark, that those who preceded us 
did not care to see sustained in this State a system of 
common schools. This is unjust to the memory of the 
true and able statesmen who preceded us. 

Long prior to the late civil war a system of common 
schools, with provisions equally as wise and beneficent as 
those contained in our present laws, was established. 

The people of this State increased the taxes 33f per 
cent, in order to apportion these taxes to the support of 
common schools, in every county in the State. Those 
taxes are still continued, and are paid by the people without 
a murmur. 

Thus, long ago, the common schools were liberally 
endowed, and if the system was not as prosperous as at 
the present time, it was in part due to its infancy, and the 
fact that the State, at that time, was sparsely inhabited. 

And for the purpose of encouraging those who desire 
to qualify themselves to be teachers, we have established 
four Normal Schools. All of these seminaries of learning 
have received the liberal support of the State, and will re- 
quire and should receive further aid. And another evidence 
that the people of this State at an early day manifested a 
deep interest in the education of the rising generation, we 
point with pride to our State University, established nearly 
forty years ago. It has greatly merited and has received the 
fostering care of the Legislature of our State, and I trust 
the day is not far distant when its reputation as a seminary 
of learning will equal the reputation of Harvard or Yale. 



10 MESSAGES ANP PROCLAMATIONS OF 

AGRICULTURAL COLLEGE, 

And in order to teach the application of science to 
agriculture, the Agricultural College has been established 
as a department of the University. The benefits of this 
institution will be manifested as its pupils shall go forth 
and engage in the busy pursuits of life. 

MINERAL RESOURCES. 

And to further aid in developing the great mineral re- 
sources of our State, we have our School of Mines. Here 
the pupil, besides the other branches of education, is taught 
the art or science of mining and mining engineering. How 
to sink a shaft and make it secure how to pursue the lode 
or vein of mineral in the most economical and safe manner 
how to analyze the mineral and determine its economical 
value, are branches of knowledge important to those who 
are engaged in mining, and are taught in this school. Whilst 
in this State the precious metals have not been found in 
sufficient quantities to justify their working, yet the State 
abounds in ores more useful and therefore more valuable. 

The inexhaustible mines and mountains of iron in this 
State are well known. Iron ore of good quality is found in 
many counties, and so abundant is it that we may justly 
claim no State exceeds ours in this respect. 

The discoveries made in the last three or four years of 
lead and zinc deposits have given a new impetus to the 
mining of these ores. This branch of industry has greatly 
increased, and no pursuit in this State holds out greater 
inducements to men of capital, of enterprise and of skill, 
than the business of mining. Those who have been en- 
gaged in these enterprises have received a liberal return 
upon the labor and capital invested. 

Coal, so much needed to facilitate commerce and 
manufacturing abounds in many counties of the State. 

The fuel and raw material required by both the miner 
and manufacturer, are almost in contact with each other, 
inviting the skill of the artisan to convert them into more 
valuable products. 



GOVERNOR JOHN SMITH PHELPS 11 

We can manufacture at as little cost as it can be done 
in other States, and we may confidently look forward to the 
time, not far distant, when we shall see manufactories in 
every part of our State, adding to its population, wealth 
and prosperity. 

CHEAP TRANSPORTATION. 

The commerce of this State is gradually increasing, 
and each year adds to the facilities of transportation, with 
diminished cost. Some of the railroads of the State, during 
the financial crisis, have been compelled to go into liquida- 
tion. New companies have been organized to manage them. 

The volume of commerce on the rivers in and border- 
ing on the State has greatly diminished, and yet the com- 
merce of the State, on the Mississippi and Missouri rivers, 
is of immense value. 

Transportation by water is cheaper than by railroad, 
and until freights shall be carried as cheap by railroad as by 
water, the great bulk of our agricultural products may be 
carried to market on the w r ater routes. 

We require cheaper transportation, and demand the 
railroads in this State shall not discriminate in their freights 
against the interests of our people. This demand is reason- 
able and should be granted. 

NEW CONSTITUTION. 

Since the adjournment of the last Legislature the 
people of the State have adopted a new r Constitution. 
Many restrictions on the power of the Legislature have 
been incorporated in it, and safeguards adopted to insure 
pure and wise legislation. 

Whilst those safeguards may render the enactment of 
laws more tedious and tardy, yet it fastens the responsi- 
bility of legislation upon all the members of the Legislature 
instead of a few all now have the opportunity to know, 
with no great effort of their own, the contents of all bills 
about to be signed by the presiding officers of the two 



12 MESSAGES AND PROCLAMATIONS OF 

houses, and to observe whether, in their enactment, every 
requirement of the Constitution has been obeyed. 

It is better to proceed cautiously and be right, than 
proceed rapidly, and perhaps be wrong, 

We are called upon to adapt the laws of the State to 
the requirements of the new Constitution. Many of the 
laws require modification that they may be conformable to 
it. Many reforms have been introduced in that Constitu- 
tion, and legislation is required to give them effect. 

The people of this State have sensibly felt the incon- 
venience and misfortune of a public debt. To prevent its 
increase, or a recurrence of that evil; no debt of magnitude 
can be created by the State, or by any municipality unless 
with the consent of two-thirds of the voters, at an election 
to be held for that purpose. 

And in addition thereto, provision must be made for 
the levying of a tax for the payment of the interest regularly, 
and the payment of the principal within a given time. Had 
such provisions been contained in our former Constitutions, 
much of the indebtedness with which the State and the 
counties are now burdened would not have been incurred; 
and whilst we look to this Constitution as the embodiment 
of many reforms, let us be careful that in future legislation 
we shall introduce reform where reforms may be demanded, 
bearing in mind, however, that all amendments of laws 
are not reforms. 

The people of this State have fixed the maximum of 
taxation for its ordinary expenses. In the execution of the 
laws for the assessment of property much property is as- 
sessed too low, and no inconsiderable amount escapes taxa- 
tion altogether. And this disposition to evade taxation is 
more strongly exhibited in times of financial distress and 
embarrassment 

RETRENCHMENT. 

Whether the ordinary expenses of the State can be 
defrayed with the means obtained by the present rate of 
taxation, is a problem now about to be solved. 



GOVERNOR JOHN SMITH PHELPS 13 

We must economize; we must reduce the expenditures 
of our Government. It may be difficult to do so, but it 
must be done. 

We must bear in mind that the exactions of more taxes 
than is necessary for the economical administration of our 
Government plunders the people. 

Taxation is cheerfully borne when the public exigency 
demands it. We should endeavor to place taxation at its 
lowest limit. A vast area of our State is uncultivated. 
Much of our mineral wealth is not developed. We invite 
population. And if to all our sources of wealth and pros- 
perity we can, with truth, say the taxes of the municipal 
and State governments are low, we offer strong induce- 
ments for the enterprising, industrious and intelligent people 
to make their abode with us. And if the laws we may 
continue on our statute book, and those which we here- 
after enact, shall contain wholesome, beneficent and wise 
provisions, and if our laws shall be faithfully executed and 
impartially administered, with light taxation and economy 
practiced in every branch of the public service, we may 
expect to see the wealth and population of our State rapidly 
increase. 

"The world is governed too .much," is an old and trite 
saying, and yet true. But few laws are really necessary for 
the government and good order of a community. The 
frequent change and alteration of laws create confusion 
and perplexity, and should therefore, if possible, be avoided. 
But the rule should not lead to the continuance on the 
statute book of a law whose provisions are unwise, and 
which operate in a harsh and oppressive manner. If any 
such there be, let the remedy be administered. 

The peace and good order of a community depends, in 
a great degree on the faithful and impartial execution of 
the laws. We have not yet reached the millenium. Human 
nature is the same it has been for the last six thousand years. 
Crime will be perpetrated, and criminals must be punished. 
The certainty and not the severity of punishment deters the 
commission of crime. 



14 MESSAGES AND PROCLAMATIONS OF 

EQUAL RIGHTS. 

The laws we enact are for the benefit of all, and to 
operate alike on the high and the low, the rich and the poor. 
So in the execution of the laws no distinction should be 
made. Within a few years past, freedom, the right of 
suffrage, eligibility to office, and in short the same civil 
rights the white man enjoys have been conferred on the 
colored race. 

No one seeks to deprive the colored man of the rights 
he enjoys, and if the attempt should be made it would be 
futile. Equality of civil ,and political rights will continue 
as long as this government shall endure. The laws are as 
much for the benefit and protection of the one as for the 
other, and must be executed and enforced on all alike. I 
promise, as the Chief Executive of this State, to execute 
the laws faithfully and impartially, regardless of all con- 
siderations, except what right and justice demand. 

REVISION OF LAWS. 

To comply with the requirements of the Constitution, 
a revision of the laws of a general and a public nature must 
be made by this or by the next Legislature. 

I recommend provision be made for the appointment 
of a committee or a commission of able jurists, who shall 
prepare a revision of our laws, and make report of the 
same to the Secretary of State prior to the meeting of the 
next Legislature. 

It will be advisable to authorize the Secretary to have 
the report printed, so that it may be distributed to the 
members of the Legislature at the commencement of the 
session. In this manner the task of the revising Legislature 
will be greatly lightened and its labors much reduced. 

PURITY OF THE BALLOT BOX. 

Our government being based on the will of the people, 
expressed in a legal manner, every safeguard which can be 
devised to secure a free and fair expression of the voice of 
the people, and to preserve the purity of popular elections 



GOVERNOR JOHN SMITH PHELPS 15 

should be adopted. Both parties ought to be represented 
by the officers whose duty it shall be to manage and conduct 
elections. Those officers are the guardians of the ballot 
box, and through it the will of the people is expressed. Any 
act on the part of such officers to thwart or to pervert the 
will of the people is an inexcusable crime. Such acts strike 
at the safety and perpetuity of our government, and ought 
to be promptly and severely punished. It appears from some 
judicial proceedings in this State, that probably local of- 
ficers of elections have in some instances been guilty of the 
grave offense of attempting to subvert the will of the people 
by various fraudulent contrivances. If the laws prohibiting 
frauds in elections do not include such cases then provision 
should be made to punish such offenses. 

PRESIDENTIAL ELECTION. 

A greater interest was manifested in the recent election 
for President than was ever before exhibited. This is at- 
tested to by the large vote given in that election, the aggre- 
gate popular vote exceeding that which was given four 
years ago nearly two millions. But notwithstanding 
the election took place two months ago, and the electors 
cast their vote for President and Vice President one month 
ago, many are unwilling to submit to the popular will. It 
is true the electoral votes have not yet been counted by the 
proper authority. No Government resting upon the will 
of the people can give the confidence and stability essential, 
not only to the material prosperity of the country, but to 
its perpetuity and well being, if that will is endangered or 
subverted. It is therefore a solemn duty devolved upon 
each citizen to insist that despite frauds or partisan schemes, 
those whom the people have chosen to the highest executive 
offices shall not be prevented from occupying the posts of 
duty to which they have been fairly elected. Nd State in 
the Union tvill, more loyally than Missouri, submit to and 
uphold whateVet Federal administration shall be con- 
stitutionally established; and the citizens of this State, irre- 
spectiv6 of personal or partisan preferences, demand thstt 



16 MESSAGES AND PROCLAMATIONS OF 

whoever have been constitutionally chosen President and 
Vice-President of the United States, shall be duly inaugu- 
rated as such, despite all factious or revolutionary schemes, 
no matter by whom contrived or by what means sought to 
be enforced. 

The duty, under the Constitution of the United States, 
evidently devolves upon some tribunal to determine in 
cases of fraud or doubt who have been elected to the 
highest executive offices of our common country. In the 
absence of the required majority, the House of Repre- 
sentatives has to choose from the three candidates receiving 
the largest number of electoral votes. If the President 
pro tempore of the Senate is to count the electoral votes and 
decide upon all contested cases, then as that officer is the 
creature of the Senate, the latter branch of Congress, and 
not the House of Representatives will virtually elect the 
President when the people shall have failed to make a 
choice, or when through partisan or other reasons he chooses 
to decide that no choice has been made, or to receive or to 
reject the electoral votes of one or more States. Even in the 
ordinary conduct of private affairs fraud and chicanery are 
not permitted to prevail, and shall it be maintained that 
they are to be successful in defeating the expressed will of 
the people, through arbitrary or technical forms, without 
the power anywhere to prevent the attempted outrage? 

It is evident the Senate and House are not mere wit- 
nesses of the formal opening of the certificates, but that 
each, with equal power to act, must concurrently determine 
what electoral votes are to be counted, and that without 
such concurrent action disputed votes must stand rejected. 
On no other theory can the two Houses of Congress uphold 
their true position under the Constitution, which requires 
that each shall concur before any act, legislative or other- 
wise, within Congressional authority, shall be successful or 
obligatory. This is the more obvious from the fact that 
the power of independent action is called into potential 
existence only when by concurrent action it has been de- 
termined that no choice for President or Vice-President 



GOVERNOR JOHN SMITH PHELPS 17 

has been made. Then for the first time under the Consti- 
tution is there a separate and distinctive duty devolved on 
each branch of Congress; the Senate as such, to elect a 
Vice-President, and the House, a President of the United 
States. The true theory of the Constitution calls, therefore, 
for concurrent action, without which no result is obtained 
with the single exception named; and the separate powers 
of each arise for the first time, and only when by concurrent 
action there is a failure to decide who are the chosen of the 
people. It therefore follows that the duty is constitu- 
tionally devolved, not on the President pro tern, of the 
Senate, but solely upon the two Houses of Congress, to 
determine what electoral votes are to be counted, and then 
to count the same, and in the event of their failure to concur 
as to any disputed vote, that the same must stand un- 
counted or rejected, because, in the judgment of Congress, 
they are votes not cast by electors duly appointed within 
the meaning of the Constitution. 

The next inquiry would then be whether any candi- 
dates had received a majority of the votes thus solemnly 
determined to be the only ones cast which could, under the 
Constitution, be considered. In other words, when by such 
action of the Senate and House of Representatives, it has 
been decided what votes are alone to be counted, the ma- 
jority of those votes must determine the election. Should 
no candidate receive such majority, then the independent 
action of each branch of Congress is evoked, the Senate to 
elect the Vice-President, and the House of Representatives 
the President. 

Such seems to be the only sound interpretation of the 
Constitution with respect to possible contingencies, should 
both the Senate and House fail in the result. It is to be 
hoped no such grave contingencies will arise, and why 
should any disturbing elements exist? 

The full and evident expression of the popular will as 
to the Executive administration of national affairs during 
the next four years should have silenced all controversy as 
to the intelligent wishes of the American voters; no possible 



18 MESSAGES AND PROCLAMATIONS OF 

room for cavil can exist, nor can there be as to numerical 
and constitutional majorities, unless fraud and chicanery 
are to prevail. The reverence for constitutional law, upon 
which our liberties rest, the moral sense of every con- 
scientious citizen, and the dictates of right, justice and im- 
partiality, demand that the will of the American people 
shall not be thwarted through any technical or fraudulent 
schemes, no matter by whom or how ingeniously devised, 
nor by whom or how sought to be enforced. There is in 
the popular will a power greater fhan fraudulent or tem- 
porary success, and it is hoped too great even for transient 
triumph. 

Missouri as a powerful and loyal State of our common 
Union, seeking the development of her vast internal re- 
sources, and contributing by such developments to the 
aggrandizement also of her sister States, wishes continued 
peace and repose, so that through her undisturbed indus- 
tries all may speedily recover from the disasters of the 
past, and the paralysis of the present time. Let justice, 
honesty and right prevail. Missouri asks this, and asks 
nothing more, and ought to be content with nothing less. 

The occasional triumph or defeat of political parties 
under our system of government, however important for 
the time, sinks into utter insignificance in comparison with 
even a temporary overthrow of constitutional right and 
justice. Let fraud, intrigue or chicanery pollute the ballot- 
box, or stalk unrebuked into Returning Boards or Congresses, 
and American liberty, as identified with popular govern- 
ment, will soon disappear. Every State and every citizen 
has a common interest in the vindication of the popular 
will, in upholding right and justice, and in maintaining 
constitutional law and liberty. 

Such questions are above all partisan views, and sum- 
mon the highest, purest patriotism of a people to the rescue 
of the imperilled country. 

Invoking the aid of Divine Providence to guide and 
support our rulers, State and National, in their respective 
pathways of duty, may all questions now seriously affecting 



GOVERNOR JOHN SMITH PHELPS 19 

the welfare of our State and our common country, be 
amicably and speedily settled. 

May that love of country prevail which will overcome 
all sectional strife, develop our vast resources for the gen- 
eral good, and through patriotic fervor, bind more closely 
and firmly all portions of the Union in fraternal and en- 
during bonds, to the end that law and liberty may be the 
common lot and inheritance of the American people, now 
and forever. 

[JOHN S. PHELPS] 



20 MESSAGES AND PROCLAMATIONS OF 

FIEST BIENNIAL MESSAGE 

JANUARY 9, 1879 
From the Journal of the Senate, pp. 8-89 



Senators and Representatives: 

I welcome you to the field of your arduous labors. An 
appreciative and intelligent constituency, whose voice you 
will speak on the important questions which will come 
before you, will anxiously await the results. The provi- 
sions of the Constitution limit and restrict the powers of 
the Legislature. The great object has been to restrict 
legislative action, unless it can be general and not special. 
Hence local and special legislation has been prohibited. 
If a statutory enactment shall be beneficial to the people 
of this county, it is presumed it will be beneficial to all the 
people of this State. There has been a great change in 
public opinion on this subject within my recollection. In 
former years it was said that people would not invest their 
money in manufacturing and other enterprises, unless those 
engaging in the business could obtain a special charter of 
incorporation; and when a general law was advocated, in 
order to dispense with such special legislation, it was argued 
no one would risk his capital, when the general law was 
subject to change or repeal by a subsequent Legislature. 
Those urging such objections to general laws for incorpora- 
tions had little or no faith in the capacity of the people to 
govern themselves. Special laws creating corporations are 
prohibited; and in those States whose constitutions on that 
subject are similar to our own, many corporations exist, 
formed under a general law. So incorporations under the 
general law are created every day in the State. I refer to 
those provisions of our Constitution which prohibit local 
and special legislation, so that the General Assembly, as 
well as the Chief Executive of this State, may not, in the 
great desire to serve the people, be unmindful of these 



GOVERNOR JOHN SMITH PHELPS 21 

salutary provisions. The Governor is required, at the 
commencement of each session of the General Assembly, to 
give information of the condition of the affairs of the State. 
The condition of the Treasury is a subject of grave impor- 
tance, and hence I speak of it first. 

THE TREASURY. 

The Constitution contains the following provisions 
relating to the duties of the State Treasurer: 

"All moneys now, or at any time hereafter, in the 
State Treasury, belonging to the State, shall, immediately 
on receipt thereof, be deposited by the Treasurer to the 
credit of the State, for the benefit of the funds to which 
they respectively belong, in such bank or banks as he may, 
from time to time, with the approval of the Governor and 
Attorney-General, select, the said bank or banks giving 
security satisfactory to the Governor and Attorney-General, 
for the safe keeping and payment of such deposits, when 
demanded by the State Treasurer on his checks; such bank 
to pay a bonus for the use of such deposits not less than the 
bonus paid by other banks for similar deposits; and the 
same, together with such interest and profits as may ac- 
crue thereon, shall be disbursed by said Treasurer for the 
purposes of the State, according to law, upon warrants 
drawn by the State Auditor, and npt otherwise." 

From the time of the incorporation of the Bank of the 
State of Missouri, and until it ceased to exist as a State 
bank, it was the financial agent of the State. The State 
had, in its own right, and of trust funds, stock in that 
bank to nearly the amount of one-third of its capital stock, 
and, by law, moneys of the State were deposited in it. 
Whatever advantages resulted to the bank by reason of 
deposits of the moneys of the State, were shared by the 
State in proportion to its stock in that bank. When that 
bank ceased to exist as a State bank, there was no law re- 
quiring any moneys of the State to be deposited in any 
bank nor that the State Treasurer should seek to obtain 
interest on the money of the State for its benefit, by de- 



22 MESSAGES AND PROCLAMATIONS OF 

positing it with any banking institution whatever. The 
duty of the Treasurer with respect to the safe-keeping of 
the treasure of the State is tersely defined. The law reads: 
"The Treasurer shall receive and keep all the moneys of 
the State not expressly required by law to be received and 
kept by some other person." The law did not require him 
to keep the money in the safe pr vault; it did not require 
him to deposit it with any bank, nor with any other moneyed 
institution, nor was he required to deposit that money 
where interest could be obtained for the benefit of the 
State; nor was he prohibited from depositing the money 
in banks. The law left it to the discretion and judgment 
of the Treasurer alone, with no interference or supervision 
by any other person or persons, to determine for himself 
how and where he would "keep the moneys of the State." 
The Auditor had no authority to direct how and where the 
Treasurer should keep the moneys of the State. The 
Treasurer is required to render to the Auditor a just and 
true account of all moneys received and also of all moneys 
disbursed, and stating under each head of appropriation 
what disbursements have been made, and to render his 
accounts to the Auditor for settlement quarterly, or oftener 
if required. But this does not give the Auditor the power 
to require the Treasurer to state where he keeps the money 
of the State whether it is in the vault in the Capitol, or 
whether it is deposited with any, and if so, with what, 
banking institution. Nor did the Governor ever have, 
nor has he now, such supervising power. The executive 
officers are required to perform such duties as may be re- 
quired by law; but the fifteenth section of the tenth article 
of the Constitution required of the State Treasurer other 
duties than those then prescribed by statute law. He is 
required to deposit the funds of the State in the bank se- 
lected by him, with the approval of the Governor and At- 
torney-General; and he is to require security satisfactory to 
the Governor and the Attorney-General for the safe-keeping 
and payment of such deposits. The attention of the last 
Legislature was called at an early period of the session to 



GOVERNOR JOHN SMITH PHELPS 23 

the necessity of legislation to carry into effect the pro- 
visions of the Constitution. The subject-matter was re- 
ferred in the Senate to a select committee, composed prin- 
cipally of lawyers. That committee, in the month of 
January, made its report and designated many sections of 
the Constitution which, in their opinion, required legislation 
to carry them into effect, and, amongst other sections, 
designated Section fifteen of Article ten. The Senate 
adopted that report, and thereby adopted the opinions of 
that committee, and that section of the Constitution, 
amongst others, was referred to the Committee of Ways 
and Means, with instructions to report suitable bills. The 
opinion of the Attorney-General was sought. He was re- 
quired to inform the Senate whether, in his opinion, that 
section of the Constitution was "self-executing." After 
referring to the various statutes defining the duty of the 
Treasurer, and quoting from the speeches of the members 
of the Constitutional Convention, wherein they held that 
this section would require legislation to enforce it, he gives 
it as his opinion that the several statutes which he cited 
relating to the duties of the State Treasurer are inconsistent 
w r ith the requirements of Section fifteen, Article ten, and 
that it is not self-enforcing, but legislation is necessary to 
carry it into effect. 

The following is an extract from his reply to the reso- 
lution of the Senate requesting whether, in his opinion, 
this section of the Constitution was self-executing: 

"Now, suppose that the Treasurer should select one or 
more utterly insolvent and worthless banks, or any one or 
more banks in a foreign State, and the Governor and At- 
torney-General should refuse to approve the selection, and 
the Treasurer should decline to make a further selection, 
what would be the result? There is no requirement of the 
Constitution, or of any statute, that the Treasurer continue 
to make such further selection of a bank or banks until the 
Governor and Attorney-General shall approve a selection; 
there is no statute imposing any penalty upon the Treasurer 
for his failure to perform his duty in this particular; there 



24 MESSAGES AND PROCLAMATIONS OF 

would be no solution of the difficulty in the law, and the 
Treasurer would retain the funds as if said constitutional 
provision had never been adopted. Or, suppose that the 
Governor and Attorney-General should approve the selec- 
tion made by the Treasurer, of a bank or banks, and such 
bank or banks were unable to give security, satisfactory to 
the Governor and Attorney-General, for the safe-keeping 
and payment of the State deposits, and the Treasurer should 
refuse to select any other bank or banks, how could the 
said section, in such case, be made effectual, unless the 
Legislature provides a statute that shall prescribe the de- 
tails for the carrying into effect of this provision, with 
suitable penalties to compel the observance of said con- 
stitutional provision, and the statutes enacted in pursuance 
thereof? Again, what sort of security must the Governor 
and Attorney-General take for safe-keeping and payment 
of such deposits? Must it be a bond with personal security 
thereon, and if so, to whom shall the bond be given, and what 
are to be its conditions? Must it be given to the State, or 
to the Treasurer, or to the Governor and Attorney-General? 
Must the Governor and Attorney-General take real estate 
security, or bonds and choses in action, and if so, who is to 
have the custody and control of these securities? Ought 
there not to be some statute defining the duties, not only 
of the Treasurer, but of the Governor and Attorney-Gen- 
eral, in this matter? Is the Treasurer at liberty to select 
his bank or banks of deposit for the State funds in any 
State or Territory that he may select? or is he restricted in 
such selection to the banks of this State? If the Governor 
and Attorney-General are authorized to take a bond, with 
personal security, for the safekeeping and payment of the 
State deposits, must the sureties on the bond reside in this 
State, or can they, in case of a selection of a foreign bank or 
banks, take non-resident sureties on the bond of such bank 
or banks, given for the safe-keeping and payment of the 
deposits? 

"These matters ought to be regulated by statute, be- 
cause if a foreign bank should fail in the safe-keeping and 



GOVERNOR JOHN SMITH PHELPS 25 

payment of such State deposits, the State ought not to be 
required to go into the courts of a foreign State to recover 
said deposits. 

"These suggestions, and others that might be named, 
demonstrate the proposition that the said section fifteen of 
Article ten can not be certainly enforced without the aid of 
statutory detail providing the manner and means for that 
purpose." 

The House of Representatives, by resolution, requested 
the Treasurer to inform the House how much money there 
was in the Treasury, and where the same was deposited or 
kept. He replied the money of the State was deposited 
and kept as follows: 

Bank of St. Joseph, Mo $1 ,034,998 42 

National Bank State of Missouri 99 ,246 54 

National Exchange Bank, Jefferson City 2,180 51 

In vault 19 ,020 69 



Total SI, 155,446 16 

The Treasurer named the several funds to which the 
money belonged. He also says: 

"I further state that, inasmuch as there is no statutory 
law giving effect to Section 15, Article 10 of the Constitu- 
tion, I have not observed the requirements of the same, 
but have the various funds in my custody so situated that 
I can subject the same to the requirements of any legisla- 
tion that may be adopted for the government of the Treasury 
Department. I may further state that I have taken a bond 
from the Bank of St. Joseph, for my own protection, for 
one million dollars. Believing that the present General 
Assembly would, at an early day, enact laws enforcing the 
Constitution, the funds in my custody have been tem- 
porarily deposited in the foregoing banks for safe-keeping, 
and no interest has been paid for the same/' 

Bills to carry into effect the provisions of Section 15, 
Article 10, were introduced and were passed by each house 
of the General Assembly, but they differed in their pro- 
visions. The Legislature failed to enact any- laws to carry 



26 MESSAGES AND PROCLAMATIONS OF 

into effect the provisions of said Section 15, to regulate the 
deposits and safe custody of the public moneys. The State 
Treasurer was then left to be governed by the statute law 
in the discharge of his official duties. 

The Treasurer gave his official bond as required by 
law in the sum of one million of dollars, with eleven sureties, 
a portion of whom justified to the amount of $1,550,000, 
w^hich bond was filed with the Secretary of State, with my 
approval of the same indorsed thereon. If the sureties of 
the Treasurer should become insolvent, or remove from the 
State, nowhere is the authority given to the Governor, or 
any other officer, to require a new bond or additional se- 
curity to be given. It is true, such request might be made, 
but there is no power or authority to coerce a compliance, 
or penalty for non-compliance. Nor has the Governor the 
power to remove the Treasurer for a failure to perform the 
duties enjoined on him. Nor would it be right to vest in 
the Governor alone the power to remove him, or any other 
officer, at his pleasure. Nor is there any authority con- 
tained in the Constitution, nor in the law, by which the 
Governor can require the Treasurer to perform the duties 
named in section 15 of the 10th article of the Constitution, 
and whatever is to be done under that provision of the Con- 
stitution requires the Treasurer to take the initiative. 
The Treasurer never consulted me or advised with me about 
placing the public funds in the bank of St. Joseph, or in the 
Mastin Bank, nor in any other bank prior to the failure of 
the Mastin Bank. During my absence from the State in 
1877, the Treasurer sought to carry out the provisions of 
the Constitution with respect to the deposits of the public 
money. One bank only submitted a proposal, and that was 
accepted in July, 1877. That bank was requested to fur- 
nish satisfactory security for the safe-keeping and payment 
of such deposits. The request was disregarded by the 
bank, and no security whatever was offered, and conse- 
quently no deposits by the State were made in it. This 
transaction occurred during the time of my absence, and 



GOVERNOR JOHN SMITH PHELPS 27 

whilst Lieutenant-Go vernor Brockmeyer was discharging 
the duties of Governor. 

In the month of August, 1878, the Mastin Bank failed, 
and its assets \vere placed in the hands of its assignee. At 
the date of its failure the State Treasurer claimed to have 
to his credit in that bank the sum of $506,187.80, moneys 
of the State. To secure the payment of his deposits in 
that bank he had taken the bond of the bank in the sum of 
one million dollars, with sureties, and also some collaterals 
which he had received from some of the sureties on the 
bond. A portion of these collaterals have been surrendered 
to the parties who had pledged them, and he has received 
in cash the sum of $220,000, which reduces his demand 
against that bank to the sum of $286,187.80. 

During the last fall proposals were again invited from 
banks for the payment of a bonus for the use of the money 
of the State. Several banks submitted propositions. The 
proposals of the Bank of Commerce, of the city of St. Louis, 
for all, and of the National Exchange Bank, of Jefferson 
City, for $50,000, of the money of the State, being the 
best and most advantageous offers to the State, were ac- 
cepted by the Treasurer, with the approval of myself and 
the Attorney-General, and both of these banks gave se- 
curity to the satisfaction of the Treasurer, the Attorney- 
General and myself. Those banks have each deposited 
bonds of the United States or of this State, or both, with 
trustees in the city of New York, to secure the faithful per- 
formance of their part of the contract. Such is their agree- 
ment, and the Treasurer has been notified that stocks of 
such description have been deposited with the trustees, as 
was stipulated. But, it is respectfully submitted, if banks 
are to hypothecate stocks of any description, either of the 
United States or of this State, as security for the safe- 
keeping and payment of the deposits of the State, un- 
doubtedly those banks would prefer the sale if sale should 
take place of these securities should be made in the city 
of New York, instead of St. Louis. If the sale is to be made 
by a trustee, it is desirable that trustee should be amenable 



28 MESSAGES AND PROCLAMATIONS OF 

to and within the jurisdiction of the courts of this State, and 
that the State should not be compelled to resort to the 
courts of a foreign jurisdiction for redress. If default by 
the banks which now have the deposits should occur, and 
if the trustees of the banks and of the State should neglect 
or fail to discharge the trusts they assumed, I have no 
doubt the present Treasurer, Attorney-General and Execu- 
tive would be censured for permitting trustees to be se- 
lected who resided beyond the jurisdiction of this State; 
and if the propositions of the deposit banks had not been 
accepted, the executive officers would have been censured 
for not accepting the propositions, notwithstanding the 
trustees were non-residents of this State,. 

Copies of the contracts with these banks and the 
Treasurer will be submitted to you by him with his report, 
and I also respectfully refer you to the report of the Treas- 
urer for further information respecting the transactions 
of his department. 

The Treasurer, as I am informed, did, shortly after 
the failure of the Mastin Bank, institute suit against the 
bank and its sureties on the bond held by him, for the re- 
covery of the money deposited in that bank. No legal 
proceedings have been directed by me to be commenced 
against the Treasurer on his bond, because it is believed 
the right of the State to institute suit will not accrue, under 
existing laws, till the Treasurer shall be required to give a 
new official bond. In the transactions of the Treasurer 
with the Mastin Bank, it is charged he has violated the 
criminal law. Indictments were found against him at the 
last October term of the Criminal Court of Jackson county, 
charging him with receiving benefits and advantages from 
the deposits of money of the State made in the Mastin 
Bank by him. The indictments, I am informed, were 
framed upon the 44th section of the 3rd article of "Crimes 
and Punishments." As soon as I was informed such 
indictments were pending, I directed the Attorney-Gen- 
eral to assist John L. Peak, Esq., the prosecuting at- 
torney of Jackson county, in the management and trial 



GOVERNOR JOHN SMITH PHELPS 29 

of these cases, as well as in the trial of some indictments 
which were preferred against the late Treasurer of this 
State for a violation of the same la\v. I regret the State 
was unable by reason of the absence of witnesses to pro- 
ceed in the trial of these indictments against the Treasurer 
at the last term of this court. If the Treasurer is guilty as 
charged, or has violated any other law, let him be punished. 
The Executive will screen no one from punishment. The 
laws of the State shall be enforced against all alike, whether 
in public or in private life. But, as an act of justice to the 
Treasurer, it is proper that I should state the Treasurer de- 
manded a speedy trial. 

RENEWAL FUNDING BONDS. 

Bonds of this State to the amount of $838,000 fell due 
at different periods in the year 1877, and bonds to the 
amount of $490,000 fell due in 1878. The act of March 
29th, 1875, provided for the issue of new bonds, and the 
proceeds of those bonds were directed to be applied to the 
payment of bonds of this State issued in the years 1855, 
1856 and 1857. Those bonds were redeemable at the 
pleasure of the Legislature at any time after the expiration 
of twenty years from their date. But, by the act referred 
to, it was declared those bonds should be redeemed at the 
expiration of twenty years from their respective dates. 
The bonds which fell due in 1878, fell due in the months of 
March, April, May, August, October and December. By 
the terms of this act no bonds could be issued at a later date 
than the year 1877. The Constitution provides there shall 
be an annual tax levied and collected, sufficient to pay the 
accruing interest upon the bonded debt of the State, and to 
reduce the principal thereof each year not less than $250,000. 
The attention of the legislature was called to the fact that 
whilst at least $250,000 was required to be annually set 
apart for the extinguishment of the bonded debt of the 
State, there would fall due in 1878, $490,000 of bonds. 
This would be in excess of the amount required to be placed 
in the Sinking Fund, and without a considerable increase 



30 MESSAGES AND PROCLAMATIONS OF 

in the revenue, this sum could not be paid without additional 
legislation. No additional legislation on that subject was 
had. The amount of $1,328,000 of bonds fell due in 1877 
and 1878, and there was no probability the State would be 
able to pay more than the sum of $250,000 annually, as 
required by the Constitution. It was then apparent that 
as, under the act of March 29th, 1875, the only bonds which 
could be funded were those which fell due in 1877, there 
would be a necessity to convene the Legislature to provide 
for the exigency, or to fund the bonds which fell due in that 
year. The latter course was adopted. My predecessor 
stated to the General Assembly, in his message, "that in 

1877 there will be to fund $588,000, in 1878, $240,000, and 
none during the following four years. As, under the act of 
March 29th, 1875, only the bonds falling due this year can 
be funded, you will have to provide by a new act for funding 
the excess, $240,000, for 1878." It was apparent to him that 
the State would be compelled to fund in the years 1877 and 

1878 the sum of $828,000 of its bonded debt, of the $1,328,000 
of bonds which fell due in those years. The bonds were 
issued to aid in the construction of the roads hereinafter 
mentioned, and fell due at the time stated: 

STATE BONDS MATURED IN 1877. 

March 17, St. Louis and Iron Mountain $99,000 

April 13, St. Louis and Iron Mountain 68,000 

May 18, North Missouri Railroad 106,000 

August 1, North Missouri Railroad 146,000 

August 12, Cairo and Fulton Railroad 45,000 

October 17, Cairo and Fulton Railroad 43 ,000 

December 7, Pacific Railroad, (S. W. B.) 331 ,000 

Total in 1877 $838,000 

STATE BONDS MATURED IN 1878. 

March 4, Pacific Railroad, (S. W. B.) $146,000 

June 2, Pacific Railroad, (S. W. B.) 54,000 

June 21, Pacific Railroad, (S. W. B.) 66,000 

October 16, Pacific Railroad, (S. W, B.) 64,000 

October 26, Pacific Railroad, (S. W. B.) 71 ,000 

Nov. 29, Pacific Railroad, (S. W. B.) 52,000 

Dee. 1, Cairo and Fulton Railroad 37,000 

Total in 1878 $490,000 



GOVERNOR JOHN SMITH PHELPS 31 

In the month of April, 1877, the Fund Commissioners, 
in accordance with the provisions of the funding act of 
March 29, 1875, by public advertisement, in the manner 
prescribed by that act, invited proposals for the purchase 
of an amount of the bonds of this State not exceeding 
3838,000. The advertisement was so framed that if the 
Legislature should make other provisions for paying the 
State debt which fell due in 1877 and 1878, they would not 
be required to sell more bonds than they might deem ad- 
visable. At the time named in the advertisement in 
the month of May the bids for those bonds were publicly 
opened by me, in the presence of the Fund Commissioners, 
such bidders as chose to be present, and other persons. 
The Legislature having adjourned without making provi- 
sion for the redemption of the bonds which fell due in 1878, 
which were in excess of the amount required by the Con- 
stitution to be redeemed, the Fund Commissioners did, by 
my advice and consent, direct that $838,000 of bonds should 
be issued, that number having been found necessary to 
pay maturing bonds of the State. It was found that one 
party proposed to pay $4.066 premium per hundred for 
$100,000 of bonds, and his bid was accepted. The bids for 
the other bonds, being at the rate of about 2 Yz per cent, 
premium only, were, by the Commissioners, on my advise, 
rejected. It was deemed not advisable at that time to re- 
advertise, but to await proposals for private sale. Such 
proposals were made shortly thereafter, and accepted by 
the Commissioners, with my full approval. $738,000 of 
bonds were sold at a premium of $3.235 per $100, that being 
the highest and best offer. The total premiums received 
upon the sale of all those bonds was $28,051, which was 
carried to the Sinking Fund, and was at the rate of more 
than 3J4 per cent, premium. I was convinced it was the 
best price which could then be obtained. 



32 MESSAGES AND PROCLAMATIONS OF 

ADDITIONAL REVENUE NEEDED. 

At the last session of the Legislature, when the tem- 
porary loan of $250,000 was recommended, by me, I ad- 
vised steps should then be taken to increase the revenues 
so that the loan should be paid at its maturity from such 
increase. For this purpose I recommended a poll-tax of 
one dollar be imposed on every male person over the age of 
twenty-one, and if this had been done, the loan then au- 
thorized would have been paid, principal and interest, by 
the revenue from that source. If a poll-tax of one dollar 
shall be imposed, and the same authority to collect it which 
the collector now has for the collection of the tax on per- 
sonal property, I estimate $300,000 would be collected, and 
the poll-tax, if authorized, can be added to the assessment 
list : and placed on the tax-book for this year. More revenue 
must be raised and expenses must be reduced. But little 
revenue is derived from dram-shop licenses, and I am 
satisfied the quantity of spirits used as a beverage has not 
been diminished much, if any, within the last few years. 
I recommend the minimum tax to be levied on each dram- 
shop, for State purposes, be not less than $50 for every 
period of six months, (minimum tax is now $25,) and that 
no county, city or town shall impose a greater tax than the 
State imposes for a dram shop license. There are dram-shop 
keepers who pay only from $50 to $100 per year for State 
purposes, and who pay several hundred dollars to the city 
or town treasuries for a dram-shop license. You are as well 
able to estimate as I am, whether the property of the State 
will be valued as high for the collection of taxes this year 
as for the preceding years. The State is slowly increasing 
in population, but the value of property has been greatly 
depressed for the past few years. There are good reasons 
to believe this period of depression of values has ceased, 
and that we shall now have prosperous times. Within this 
State, in the last year, nearly 200 miles of railroad have 
been put in operation, and means are now being raised to 
speedily build other railroads in our State. Such improve- 
ments increase the value of property, add wealth to the 



GOVERNOR JOHN SMITH PHELPS 33 

country, and invite and induce immigration. It is not a 
pleasant task to invite you to increase the taxes to be borne 
by the people of the State. But when we consider that the 
amount of taxes paid to the State is only 40 cents on the 
$100, it shows the taxation for State purposes is light. The 
onerous taxes which the people of this State pay are the 
county taxes, and taxes for the erection of splendid edifices 
for schoolhouses, and interest on county or school indebted- 
ness, recklessly created several years ago, before the great 
shrinkage of values. The old maxim for all governments, 
national, State or municipal, is "to pay as you go," and this 
has been signally disregarded. 

The expenditures for the first six months of this year 
will be very large, and some of them will not occur next 
year. The pay of the General Assembly is estimated at 
$115,000; its contingent expenses, $50,000; paper for print- 
ing, printing reports and documents ordered by the General 
Assembly, printing journals, and printing and binding the 
revised code and session acts, $50,000, (a total of $215,000;) 
the temporary loan, $250,000; and the 25 per cent, of the 
revenue fund to be paid to the "public school fund," or 
State School Moneys, in the month of March, and the in- 
terest on the State bonds and certificate of indebtedness 
held by the State as trustee for this fund, will all amount 
to about $537,000, which will be drawn from the Treasury, 
principally in the month of April. The amount paid out of 
the "public school fund," or State School Moneys, for the 
corresponding period of time last year, was $537,306.47. 
These sums will aggregate one million, one thousand three 
hundred and six dollars, which the State may be called on 
to pay on or before the first of July next. The receipts of 
the revenue during the first six months of this year, together 
with the balance of the revenue fund, if all of it shall be 
available, will be insufficient to meet these demands. The 
temporary loan of $250 ; 000 must be renewed or extended 
for a longer period of time. The important duty devolves 
on you to dimmish the expenses of the State, to increase its 
revenues, and to provide for the renewal of the temporary 

2 



34 MESSAGES AND PROCLAMATIONS OF 

loan. In such measures as you may devise to accomplish 
these objects, or any other measures for the welfare of the 
people of the State, you will have my concurrence and 
cordial co-operation. 

PUBLIC SCHOOL FUND. 

The Public School Fund is invested in the bonds and 
certificate of indebtedness of this State, all bearing six per 
cent, interest, the income of which, with 25 per cent, of 
the general revenue of the State, is applied to the support 
of public schools. This fund is invested as follows: 

Bonds of this State $2,009,000.00 

Certificate of indebtedness 900,000.00 

Cash in Treasury 457 . 11 

Total $2,909,457.11 

The bonds of the State belonging to this fund are in 
the custody of the Treasurer. There is nothing to show 
upon their face that the bondfc belong to the State. All of 
them are coupon bonds, the title to which passes by delivery. 
If these bonds should be improperly put in circulation, and 
come into the hands of an innocent holder, I suggest for 
your consideration whether the State would not be morally 
bound for their payment. Let us obviate all such questions 
when it can be so easily done. Direct that all of the coupons 
shall be destroyed, the bonds canceled by defacing them, 
and that fact be made of record in the offices of State Auditor 
and State Treasurer by a description of the bonds and the date 
they shall become due. Issue certificates of indebtedness 
to the Public School Fund, bearing interest at the rate of 
6 per cent, per annum, and in such amounts as will cause 
the certificate to become payable at the time the bonds 
would have become due, and in such manner that the public 
debt shall not be increased, in violation of the Constitution. 
Let provision be made that when the certificate shall be 
redeemable, bonds of the State shall be purchased for this 
fund, and when delivered to the Treasurer they shall, in 
like manner, be canceled and certificates of indebtedness 
issued. 



GOVERNOR JOHN SMITH PHELPS 35 

SEMINARY FUND. 

There are $122,000 of the bonds of this State, bearing 
six per cent interest, in the custody of the State Treasurer. 
They are coupon bonds, with nothing upon them to denote 
they are the property of the State. I recommend these 
bonds be canceled and certificates in lieu thereof be issued, 
in the same manner and subject to like conditions with the 
certificates by me recommended to be issued for State bonds 
held by the Public School fund. 

STATE INTEREST AND SINKING FUNDS. 

The State Interest fund consists of a tax of one-fifth 
of one per centum per annum levied and collected on al] 
property subject to taxation. By the provisions of the 
Constitution, the proceeds of the tax shall be applied to the 
interest on bonded debt of the State as it shall mature, and 
the surplus, if any, shall be paid into the Sinking fund, and 
thereafter be applied to the redemption of the bonded 
indebtedness of the State. It is also provided the amount 
paid into the Sinking fund shall be at least $250 ; 000 an- 
nually. The Fund Commissioners have paid the interest 
on the public debt to the 1st of July last, and have for- 
warded to the National Bank of Commerce, of New York, 
an amount sufficient to pay the interest on the bonded debt, 
payable in that city on the 1st of this month. And there 
has been paid out of the Sinking fund, in the last two years, 
$535,000, for the redemption of the public debt. Part of 
this money was applied in payment of twenty bonds, with 
interest, which have not heretofore been reckoned as a part 
of the debt of the State. The indebtedness of this State 
on the 1st of January, 1877, was $17,268,000, instead of 
$17,248,000. The indebtedness of the State on the 1st of 
January, 1879, was $16,758,000, not including the contingent 
liability of the State on account of $3,000,000 of bonds 
loaned to the Hannibal & St. Joe Railroad Company. 
This amount does not include the temporary loan of $250,000 
which falls due this year. From the present date to the 
year 1886, only $442,000 of the bonds of the State will 



36 MESSAGES AND PROCLAMATIONS OF 

become due, and the larger part of the amount to be placed 
in the Sinking fund will be applied to the purchase of bonds 
before they shall have matured. 

RATE OF INTEREST. 

In such times of pecuniary embarrassment as we have 
experienced the last four or five years, and as we are now 
experiencing, distrust of the solvency of our business men 
is engendered. Money is, for that reason, difficult to be 
obtained, and is often loaned at rates exceeding those 
authorized by law. At this time, in portions of our country, 
money is plenty, and when loaned, is seldom loaned at rates 
above seven per cent., and oftentimes for a much less rate. 
The bonds of the United States, which bear but four per 
cent, interest, are sought for eagerly. Under existing laws, 
these bonds have another value besides the long time before 
they mature, and the punctuality and certainty of payment. 
It is that they are exempt from State and municipal taxa- 
tion, which is estimated in the principal cities of the Union 
where capital is concentrated, as equal to two per cent, per 
annum. I advise the rate of interest be reduced to six or 
seven per cent, per annum, and that our laws of usury shall 
be so changed that the defense of usury shall be of some 
avail and benefit to the unfortunate debtor. The penalties 
for usury in this State are made to encourage the loaning 
of money beyond the lawful rate of interest. In short, our 
interest law has been enacted in the interest alone of the 
lender, and not with a due regard to that which is right to 
both borrower and lender. It is often said that men should 
be permitted to contract for the use of money at such rate 
as they may please to give, and that no tribunal should 
annul or invalidate contracts. This proposition goes too 
far, and if carried to its full extent, then all gaming con- 
tracts should be enforced and not be declared void. 

But the Legislature fixes the rate of interest which it is 
lawful to receive for the loan of money, and has the right 
to declare contracts void made for a greater rate of interest 
than that authorized by law. In this connection I must 



GOVERNOR JOHN SMITH PHELPS 37 

say the lenders of money in some manner evade the payment 
of taxes on the money they have loaned. Violating the 
law relating to interest by exacting more than the law per- 
mits them to take, their next evasion or disregard of law 
is to screen their notes from taxation. There are counties 
in this State where the recorder's office will show thousands 
of dollars loaned, and the payment secured by deeds of 
trust or mortgage deeds unsatisfied, whilst the assessment 
list will show only a small amount of money loaned. Thus 
are the revenue laws of the State avoided, and men do not 
pay taxes in proportion to the value of the property they 
own. 

I trust the Legislature will so provide that all the money 
which is loaned by citizens of the State in the State, shall be 
taxed. Perhaps it may be advisable to declare that no 
judgment shall be rendered on a note or bond for the pay- 
ment of money or property when by its date or the instru- 
ment itself, it is evident it has been liable to taxation, unless 
the plaintiff shall show it has been assessed for taxation, 
and if the note has escaped taxation, then the court shall 
render a judgment in favor of the State for the taxes and 
penalties which should have been paid by the owner of the 
note, and which said judgment shall have priority of pay- 
ment, and be credited on said note. 

REVISION. 

The statute laws of this State of a general nature must 
be revised by the Legislature, or a plain and important 
injunction of the Constitution will be disregarded. The 41st 
Section of Article 4, of the Constitution provides that within 
five years after the adoption of the Constitution "all the 
statute laws of a general nature, both civil and criminal, 
shall be revised, digested and promulgated in such manner 
as the General Assembly shall direct." The Constitution 
was adopted in October, 1875, and became the supreme 
law of the State on the 30th day of November of that 
year. It is to be regretted the last Legislature did not pro- 
vide for a commission of experienced men, learned in the 



38 MESSAGES AND PROCLAMATIONS OF 

law, who should collate the laws of the State, showing what 
the general statutes now are, and making suggestions of the 
alterations and amendments proper and suitable to be 
made, in order to make our code of laws as perfect as human 
wisdom can devise. The attention of the Legislature was 
called to this subject by myself and by my immediate 
predecessor. The five years within which this important 
labor is to be performed will expire this year. The laws of 
the State have not been revised since 1865, and many im- 
portant amendments and great changes have been made 
to the general laws, which are scattered through a dozen 
volumes of Session Acts. To collate all these and put them 
in symmetrical shape, in proper and appropriate language 
where needed, to suggest such amendments as will make the 
text harmonize and be congruous with the tenor of the law 
and the intent of the law-makers, will require both skill 
and time to accomplish. And why should not time be given 
for this purpose? Wisdom does not consist in the enact- 
ment of many laws, nor in frequent changes of them. Where 
frequent changes of important laws take place, the people 
do not keep themselves informed of those changes, and we 
sometimes meet with those who have suffered from the 
sudden and important changes of law. But few laws are 
needed. Let them be distinguished for their perspicuity 
and wisdom. But if bad laws have been placed on the 
statute book, they ought forthwith to be repealed. 

You can not provide for an adjourned session of the 
Legislature, to which a report could be made by a revising 
commission, because an adjournment of the Legislature for 
more than three days is, by the terms of the Constitution, 
an adjournment sine die; but you might pass the general 
appropriation bill, and a bill for the better regulation of the 
Treasury Department, and for the security of public moneys, 
and other bills of like important character, and also provide 
for the appointment of a revising commission, who should 
prepare a report by a time to be named or to be designated 
by the Governor, and when such commission should report 
to the Governor, the report should be printed, and he should 



GOVERNOR JOHN SMITH PHELPS 39 

convene the Legislature to revise the general laws of the 
State in short, to perform the duty required to be per- 
formed by the 41st Section of the 4th article of the Con- 
stitution. I do not distrust the capacity of the Legislature 
to perform the work, but I do believe that in the multi- 
farious duties of its members they will not make as good a 
revision of the laws as three able jurists of our State can pre- 
pare. Therefore, if the Legislature will adjourn sine die, 
after such laws shall have been passed as will meet the 
present exigencies, it could be convened by proclamation of 
the Governor to make the revision, and if it should be 
necessary to pass any laws of an important character during 
the called session, the attention of the Legislature could be 
called to the subject by a special message from the Governor, 
so that legislation could be had. In this manner an excel- 
lent revision can be obtained, and, I believe, with no more 
expense than if the revision shall be undertaken without 
the aid of a revising commission. Both sessions of the 
Legislature would not exceed in their length the period of 
time designated for a revising session. Or, if this plan shall 
not meet with approval, a commission to aid in the revision 
might be in session simultaneously with the Legislature. 
I deem the method first named the best. The object is to 
have our laws properly revised, and such labor can not be 
performed in haste, nor without great care and deliberate 
consideration. It must be borne in mind the enactment of 
laws by the General Assembly of this State is a slow process. 
After a bill shall have been engrossed, it is to be printed 
before it shall be put upon its passage, and if amendments 
shall be adopted in the House, these amendments are also 
to be printed before final action shall be had, and then every 
bill, after it shall have been passed by both Houses, shall be 
read in extenso in each House before the respective presid- 
ing officers shall attest the passage of the bill by affixing to 
it their signatures. 



40 MESSAGES AND PROCLAMATIONS OF 

SUPREME COURT. 

The Supreme Court is now overburdened with busi- 
ness. The judges have arduous and important duties to 
perform, which require close examination and patient in- 
vestigation. The business of the court has greatly increased 
in the last few years, and some relief should be furnished to 
suitors and to the court. Several plans have been sug- 
gested. One is to establish two appellate courts, one on 
the north side, the other on the south side of the Missouri 
river, and vest these with power similar to those conferred 
on the St. Louis Court of Appeals. Another plan is to ap- 
point a commission of able jurists, to which commission 
cases pending in the Supreme Court shall be referred by 
that court, and those commissioners shall submit their 
statement of the cases, with their opinion on the same, to 
the Supreme Court for confirmation, and judgment to be 
entered accordingly. And still another plan is to add two 
more judges to the Supreme Court; then organize the court 
into two tribunals from time to time, to consist of at least 
three judges, and each tribunal may be in session at the same 
time and place, and the judgment of each tribunal to be the 
judgment of the Supreme Court. But all the judges shall con- 
stitute the court when the constitutionality of an act of the 
Legislature shall be drawn in question, and in criminal 
cases where the punishment may be death or imprisonment 
in the penitentiary for life, and in cases where the amount in 
controversy shall exceed $20,000. There will then be one 
judge who may be detailed to serve on either tribunal in 
the event of sickness or other inability to serve of one of 
the judges. The proposition last stated, I think, is prefer- 
able. These plans will require the constitution to be 
amended. The delay attendant on litigation in the Supreme 
Court amounts almost to a denial of justice. Many cases 
are taken to the Supreme Court by reason of the delay the 
judgment debtor will obtain; whereas, if the cases should 
be speedily determined, fewer cases would be taken to this 
court. There were 974 cases on the docket of the Supreme 
Court at the commencement of its October term, 1877, 



GOVERNOR JOHN SMITH PHELPS 41 

and 430 cases were added to that docket on or before the 
first day of its October term, 1878. But during that year 
427 cases had been disposed of, including a few cases which 
had been submitted and taken under advisement. And on 
the first day of its October term, 1878, there were 980 cases, 
showing the court had been unable to keep up with its 
business. 

COSTS IN CRIMINAL CASES. 

There was appropriated for the payment of costs in 
criminal cases the sum of $400,000 for the service of the 
years 1877 and 1878. A portion of this appropriation was 
expended in the payment of costs in criminal cases, where 
the fee-bills had been filed with the Auditor a short time 
before the close of the year 1876. The amount of these 
fee-bills is estimated at $13,000, and ought to have been 
included in the deficiency appropriation. This appro- 
priation of $400,000 was exhausted in the month of October 
last, and since that time certificates of indebtedness have 
been issued on all fee-bills for costs in criminal cases pre- 
sented for audit to the first day of this month, and which 
amount to $41,019.57. Deducting the $13,000 above 
named from the $400,000 appropriated, and adding to that 
the sum of $41,019.57, the amount of certificates of in- 
debtedness issued since last October, it makes the amount 
$428,019.57, as the amount justly chargeable to the ex- 
penditures under that head for the years 1877 and 1878. 
I had occasion to call the attention of the Legislature 
to the large expenditure of money for the suppression of 
crime and the punishment of criminals. At that time it 
was urged a reduction of these expenses ought to be made. 
In former years, when costs in criminal cases had become a 
large expenditure, it was enacted that when the costs 
could be and were made from the defendant's property, full 
costs should be paid; that is, the full fees as prescribed by 
law; but when the costs were to be paid by the State or 
by the county, it was provided only one-half of the fees 
should be paid; and this provision extended to all fees and 
costs prior to the rendition of the judgment. There was 



42 MESSAGES AND PROCLAMATIONS OF 

formerly a statute which provided that in all criminal cases 
there should be a lien on all the property of the defendant 
for the payment of costs and fine which might be adjudged 
against him, and which lien should date from the day of 
the arrest of defendant, or from the date of the indictment 
found, whichever might first happen. I advise a similar 
provision be adopted. Criminals sentenced to the peni- 
tentiary are sometimes kept in the jails many days after 
the judgment and sentence has been rendered, and when 
no appeal or writ of error is pending. This entails addi- 
tional expense to the State, for the cost of feeding a convict 
in the penitentiary is about ten cents per day, whilst in the 
jails it is fifty cents per day. This unnecessary delay in 
sending convicts to the penitentiary should be remedied. 
Besides the appropriation of $400,000, there was appro- 
priated by the Legislature the sum of $111,547.99 to pay 
certificates of indebtedness which were issued in the year 
1876, because the appropriation for the payment of costs in 
criminal cases for the years 1875 and 1876 had been ex- 
hausted. The expenses under the head of costs in criminal 
cases, chargeable in each period of two years for the four 
years ending on the first of this month, are as follows: 
1875 January 1 Balance to credit of appropriation for 
costs 

In criminal cases $10 , 606 . 69 

Appropriation for 1875 and 1876 350,000.00 

Deficiency appropriation Ill ,547.99 

Bills of costs filed with the Auditor prior to January 1, 

1877 13,000.00 



$474,548.68 



The two items last mentioned, amounting to 
$124,547.99, were disbursed from the Treasury during the 
year 1877, and were included in the estimates with other 
liabilities of the State, which compelled the Legislature to 
authorize the temporary loan. For the service of the last 
two fiscal years, of the appropriation of $400,000: 



GOVERNOR JOHN SMITH PHELPS 43 

This sum has been disbursed $387,00000 

Certificates of indebtedness issued to first of this month, 

under head of posts in criminal cases 41 ,019.57 



$428,019.57 

Making the sum of but $428,019.57, the amount of costs 
paid and certificates issued on bills of costs in criminal 
cases first presented to the Auditor for audit during the 
years 1877 and 1878, whilst during the years 1875 and 1876, 
the sum of $474,548.68, bills of costs in criminal cases, had 
been presented to the Auditor, making in four years the 
following: 

1875 and 1876 $474,548.68 

1877 and 1878 428,019.57 



The sum of $902,568.25 

presented for allowance and audited during that time as 
the expense paid by the State for the prosecution of criminals. 
The money paid from the treasury for the support of 
the penitentiary during the same years, is as follows: 

1875 $104,625.90 

1876 126,199.92 



$230,825.82 

1877 $96,010.01 

1878 51,961.52 



$147,971.53 

In the cost of maintaining the penitentiary, as here 
stated, I have not counted the earnings of the prisoners, 
which have been applied to the support of the prison, but 
have stated the cash actually paid from the treasury for 
that object. There was cash paid out of the treasury: 

For support of penitentiary four years $388 , 787 . 35 

Costs in criminal cases paid by State 902,568. 25 



$1,291,355.60 



:4 MESSAGES AND PROCLAMATIONS OF 

An annual cost of more than $322,000 paid by the State 
or the prosecution and punishment of malefactors. Does 
my one now wonder that the officers charged with the 
nanagement of the penitentiary seek to make the convicts 
vork? and if they can not be worked within the walls of the 
>rison, to work outride? Would not those officers be cul- 
>able if they should keep 300 or 400 men locked up in their 
:ells because they could not be worked within the walls of 
,he prison, when there were persons ready to employ them 
,o work outside of the walls and pay the State fair wages 
or their services? And is it any wonder that the officers 
>f the State government, when the treasury pays so great 
mms for the prosecution and punishment of criminals, 
ihould ask the General Assembly to lessen the costs the 
State pays? or seek to make criminals help pay the costs of 
:heir conviction and punishment? The government of the 
United States does not pay the costs of the defendant, even 
:hough the defendant should be acquitted; and such is the 
aw of several States in the Union. But I do not advise so 
larsh a remedy. But would it not be a good law, since the 
defendant is permitted to testify in criminal cases, that the 
iosts of witnesses who only testify as to the character of 
e defendant, or who may have been summoned for that 
purpose, shall not be taxed against the State, nor against 
Jhe county, in any event whatever? The people demand a 
eduction of the expenses of our government, municipal, 
5tate and National. 

CRIMINAL LAW. 

I take pleasure in stating to you that the criminal law 
s, at this time, well executed and enforced in all parts of 
,he State. In a few cases, besides in the "strike" in the 
ummer of 1877, a spirit of turbulence has been manifested, 
have, in a few instances, sent Gen. Mitchell, the Adjutant- 
jeneral, not in his military capacity, but as an attorney, 
o aid the prosecuting attorney of the county where sent, 
n the management of such criminal cases as were pending 
r might arise, with directions to make known to those who 



GOVERNOR JOHN SMITH PHELPS 45 

were lawlessly inclined that the la\vs should be enforced 
and criminals punished; that the whole power of the State 
was at my command, and if the execution of process and of 
the la\v should be resisted, and there was not a sufficient 
number of good people in the county to enforce the law r s, 1 
would find an adequate force elsewhere that would promptly 
enforce the law and preserve order. The duties of the 
Attorney-General in the Supreme Court, or in the prepara- 
tion of his cases, were so urgent that he could not be spared 
to perform the services I wished to have then rendered. The 
services of General Mitchell were valuable and efficient, 
and were rendered without* other charge than the payment 
of expenses. In those counties to which I allude, the law r - 
abiding citizens of the county manifested a readiness to aid 
the civil officers in the execution of the law and the preserva- 
tion of public quiet, and I am glad I can announce to you 
that obedience to the law prevails throughout the State. 

THE STRIKE. 

In the summer of 1877 there was manifested in many 
towns and cities in our country, which were railroad cen- 
ters, a disposition by lawless acts to coerce the railroad 
companies to increase, or to prevent a reduction of the 
w r ages of their employes. Upon many roads all of the 
employes struck; upon other roads a portion struck and 
compelled those who were willing to remain to quit their 
employment. There was but little interference with the 
trains which carried the mails, but on many roads the 
running of freight trains was entirely suspended. In some 
cities these disturbances culminated in the destruction of a 
large amount of merchandise in transitu of cars and loco- 
motives. In some places the civil authorities invoked the 
aid of the militia, and a collision between the rioters and 
the authorities took place, resulting in the loss of life; and 
in some quarters the authority of the United States was in- 
voked, and soldiers were sent to suppress the riots. Whilst 
turbulence was manifested, and lawless acts were done in 
St. Louis and other cities of this State, the civil authorities 



46 MESSAGES AND PROCLAMATIONS OF 

improvised some military companies, to be ready for the 
threatened and impending lawlessness. More than three 
thousand men under arms at one time in St. Louis, ready to 
obey the orders of the civil authorities. Arms and prepared 
ammunition were publicly issued to the men. Companies, 
battalions and regiments were formed and organized for 
the fearful exigency. The promptness and willingness which 
the good citizens exhibited for the preservation of order, 
the enforcement of law, and finally to execute such orders 
as the emergency required should be given, caused the in- 
tended insurgents to disperse and to abandon their wicked 
designs. Quiet was restored in that great city, with no 
collision between the armed men and the rioters, with no 
destruction of property, and without the shedding of a 
single drop of human blood. It was the triumph of law and 
order over those who strove to inaugurate disorder, violence 
and bloodshed. But one or two military companies in St. 
Louis had maintained their organization. During these 
troubles I repaired to St. Louis. Gen. Mitchell, the Ad- 
jutant-General, remained here, in order to supply the 
authorities in other parts of the State with arms and am- 
munition when needed. The supply of ammunition be- 
longing to the State was scant. When I found I could 
obtain from the authorities of the United States such am- 
munition as I required, I ordered 2,000 stands of muskets 
and accoutrements to St. Louis. Those guns, accoutrements 
and ammunition were by my orders issued to citizens who 
enrolled themselves in military companies at that time for 
the preservation of the peace of the city. The authorities 
of the city (after the strike was suppressed) requested me to 
let some guns remain, as they might be needed. I complied 
with the request. These guns, accoutrements and ammuni- 
tion were issued by my orders by my orders they were 
permitted to remain in St. Louis, and such as have not yet 
been issued to the militia are now in the hands of the police 
reserves. It is probable some of these guns have been lost. 
The Adjutant-General is responsible for them. All of the 
articles were issued at a time when forms could not be ob- 



GOVERNOR JOHN SMITH PHELPS 47 

served, and they were issued for the public good. If any of 
the arms and accoutrements can not be produced, I recom- 
mend a law be passed to relieve the Adjutant-General from 
his responsibility, or that his account shall be credited with 
such arms, etc., as can not be obtained. 

THE MILITIA. 

The experience of the year 1877 shows the necessity for 
the organization of the militia. Two battalions and three 
or four independent companies of the militia are organized 
in St. Louis; all but two companies have been organized 
since the strike. A few companies have been organized in 
other portions of the State. Of the police reserves I have 
only to say that as long as those who act as military officers 
shall be recognized as such, there will be no difficulty. No 
one is commissioned as such officer. Citizens of St. Louis 
encouraged opposition to the militia law, and therefore 
urged the organization of the police reserves, without the 
sanction of law. But I hope they will organize under the 
militia law. There are defects in the law, but I trust a 
patient hearing will be given those who seek to amend the 
law, and relieve it of some of the obstacles, real or imaginary, 
which deter patriotic citizens from organizing under it. 
A bill has been prepared by those who are earnestly engaged 
in the effort to make the militia law such as it should be. A 
well regulated militia is the bulwark of defense of our 
country. Listen, then, I beseech you, to the complaints 
of the militia men. Modify and change the law, if there 
shall be no valid objection to the proposition, so as to suit 
the wishes of those who propose to make it efficient, and who 
will subject themselves to its government. They deserve 
all the encouragement you can give them, and I wish it was 
in the power of the State to do more for them than can now 
be done. 

LOST INSURANCE BILL. 

Just at the close of the session of the last Legislature a 
bill, which originated in the House and which had passed 
both Houses, and was duly signed by the presiding officer 



18 MESSAGES AND PROCLAMATIONS OF 

Df the Senate and the House, failed to reach the Executive, 
[t was entitled "An act to regulate the forfeiture of policies 
of life insurance." This bill provided that no policy of in- 
surance on life, after the payment upon it of two full annual 
premiums, shall be forfeited or become void by reason of 
the non-payment of premium thereon, but the net value of 
the policy shall be ascertained, and that sum shall be ap- 
plied as a premium of temporary insurance. That bill 
never came into my hands was never presented to me for 
approval. I should have approved it. I have endeavored 
to ascertain who purloined that bill, or prevented it from 
being presented to me, and have been unsuccessful. I did 
not know, till inquiry was made, that such a bill had passed. 
It was never delivered to me by the Clerk of the House of 
Representatives. I recommend a law enacted containing 
provisions similar to those contained in that lost bill, and in 
addition thereto I advise the criminal law concerning rec- 
ords, etc., belonging to either House of the Legislature, or 
which may belong to any executive department, be amended 
so that a more efficient inquiry may be made for the of- 
fender than existing laws authorize. And perhaps it may 
be well to empower the Executive, whenever any paper 
which belonged to either House of the Legislature, or which 
shall have been presented to the Governor, has been lost, 
destroyed or purloined, that he appoint a commission who 
may hold sessions anywhere in the State, vested with full 
power to bring persons before him, and them to examine 
touching the loss or destruction of the records; and if, upon 
nquiry, the guilty party or parties shall be discovered, that 
:he commissioner shall have power to cause him or them to 
DC arrested, and, upon a hearing of the case, if there shall be 
>robable evidence of the guilt of the accused, to recognize 
,he guilty parties to appear before the proper court of the 
:ounty where the offense was committed, and in default of 
>ail, to commit them to jail to answer to an indictment to 
>e preferred against them, 



GOVERNOR JOHN SMITH PHELPS 49 

FISH CULTURE. 

By virtue of an act passed by the last Legislature, pro- 
vision was made for stocking the rivers of this State with 
fish. Young fish, principally salmon, have been sent to the 
Commissioner of this State by the Commissioner of the 
United States, and have been placed in our rivers. A further 
supply will be sent to this State during this year, and will 
probably be distributed in other streams. But a small sum 
of money was appropriated to defray the expenses which 
might be incurred, and therefore, unless the Legislature 
shall make a further appropriation for this object, a portion 
of the expense attendant on the transportation of the small 
fry must be defrayed by the citizens residing on the streams 
to be stocked with fish. The object is to stock our rivers 
with fish which will afford cheap and nutritious food. Fish 
culture is no longer an experiment. With very little expense 
and care the supply of fish of a better quality than those 
which swim in our streams will be largely increased. Before 
the close of the session, I expect to submit to you a report 
on this subject from the Commissioner. 

THE OSAGE. 

The Legislature at its last session appropriated $2,000 
to be expended in removing obstructions to the navigation 
of the Osage river at Bolton shoals. I was authorized and 
required to appoint some practical business man, familiar 
with the character of that river, and having a knowledge of 
what was necessary to be done to remove the obstruction, to 
superintend the removal of the bar. By many it was be- 
lieved that that sum of money was not sufficient to accom- 
plish the work. I appointed Hon. Jos. W. McClurg, who 
possessed all the qualifications named in the act, to super- 
intend the work. The obstruction to the navigation of the 
river is removed, and there is at that bar as great a depth of 
water as there is on the Shipley shoal, below the Bolton bar. 
The superintendent made no charge for his personal services 
in superintending that work, and there is a small balance of 
the appropriation unexpended. I trust there will be no 



50 MESSAGES AND PROCLAMATIONS OF 

farther requirement for the State to appropriate its moneys 
for the improvement of that river, as the United States has 
made an additional appropriation for that purpose, and will 
undoubtedly appropriate still further sums, to be disbursed 
in that direction. The improvement of the navigation of 
the Osage is a matter of vast importance to the people re- 
siding on the banks and in the vicinity of that river. 

PROPOSED AMENDMENT TO CONSTITUTION. 

The amendment proposed to the Constitution and sub- 
mitted to the people at the late election was defeated by a 
large majority. In so far as it sought to add another quali- 
fication of suffrage, it very properly met with a strong and 
decided opposition. No property qualification, nor the 
payment of a tax, should be required as a prerequisite to 
exercising the right of suffrage. It is a duty to vote; it is a 
duty incumbent on all who are entitled to exercise the elec- 
tive franchise to vote. Better would it be to impose a fine 
on those who are entitled to vote, and who without rea- 
sonable excuse fail to discharge that duty, than to dis- 
franchise those who do no1 pay taxes. There is no pro- 
hibition in the Constitution against the levy of a poll-tax. 
Therefore, whenever the Legislature shall think proper to 
impose a poll-tax, to be applied to the support of the schools 
and institutions of learning, to the support of the State 
government, or to any other purpose or object not pro- 
hibited by the. Constitution, it has the right so to do. Dur- 
ing the last session of the Legislature I did recommend a 
poll-tax be levied, to be paid into the Revenue Fund. This 
recommendation was contained in the message in which I 
advised a loan be made in order to supply the deficiencies in 
the revenue. The loan was granted, but no provision was 
made for additional revenue. A bill for that purpose passed 
the Senate, but failed to receive the approval of the House. 



GOVERNOR JOHN SMITH PHELPS 51 

THE PENITENTIARY. 

The maintenance of the penitentiary has been a very 
heavy drain upon the treasury. It would seem reasonable 
to expect the prisoners would not only be able, by their 
labor, to earn an amount sufficient to support themselves, 
but also to pay the salaries and wages of the officers and 
guards of the penitentiary. But this has not been the case. 
The leasing system has been tried at different times, and 
has not proved a success. During the period the prison was 
first leased, the lessees made great improvements by erecting 
buildings and furnishing implements and machinery which 
were paid for by the Stale. In this manner the lessees paid 
the amount stipulated to be paid the State, but had large 
demands against the State for improvements made by them. 
The second period of leasing was so recent that it need 
only be referred to, as all know it was not a success, either 
to the State or to the lessees. The State has, by its officers 
in former times, conducted the penitentiary as a large manu- 
facturing establishment, and in so doing has always lost 
money. It is not advisable for the State to again embark 
in manufacturing, but it is desirable, if possible, to make the 
penitentiary a self-sustaining institution. Legislation was 
proposed in each branch of the General Assembly, at its 
last session, respecting the management of the penitentiary, 
but beyond the appropriation of money, and its earnings 
for its support, nothing was done. 

On the 31st of December, 1876, there were in the 
penitentiary, 1,332 prisoners, convicted for violation of the 
criminal laws of this State, and 14 convicts sent to the 
prison by the Federal courts. On the 31st day of last De- 
cember, there were in the prison, 1,244 convicts of the State, 
and 50 convicts of the United States. The United States 
pays for the board and care of its convicts, and the 
State has the benefit of their labor. During the two 
years ending on the 31st of December, 1876, thirteen hun- 
dred and seventy (1370) prisoners were received, and for 
the two years ending on the 31st of December, 1878, eleven 
hundred and sixty-five (1165) prisoners were received, all 



52 MESSAGES AND PROCLAMATIONS OF 

of whom had been sentenced to the penitentiary by the 
courts of this State. This shows that, in the two years 
first named, 205 more persons were convicted and sent to 
the penitentiary than in the last two years. A rigid en- 
forcement of our criminal laws has diminished the com- 
mission of crimes. 

When the present Warden took charge of the peni- 
tentiary, there were many prisoners who were not em- 
ployed by contractors, nor were they performing labor for the 
State. They were in idleness, because no one would employ 
them, and at that time the State had no work which they 
could perform. Many convicts were then worked outside 
the prison walls. Some were employed as servants, in this 
city; some were employed in grading and macadamizing 
streets; others at quarries, at lime kilns and brick kilns, at 
farms, and some on a steamer which navigated the Osage and 
Missouri rivers. The cost of maintaining the penitentiary 
had become very great. It was proper and right to put the 
convicts at hard labor; and if labor could not be provided for 
them within the walls, it was right to put them at labor 
without the walls. There was no doubt the law permitted 
this to be done. The object was to make the prisoners sup- 
port themselves to shift the burden of the maintenance 
from the tax-payers to themselves; and was not this right? 
A contract was made for the labor of convicts in some coal 
mines. This contract was made by the Inspectors with 
J. B. Price, and 1 approved of the same. In the communi- 
cation of the Inspectors to the House of Representatives, 
they described the condition of affairs at the penitentiary 
as follows: 

"They beg leave to suggest that there are over six hun- 
dred convicts locked up in their cells, whose labor can not 
be utilized within the penitentiary for want of contractors 
to employ them. If there were contractors to work them 
inside of the prison walls, there is not shop room nor 
facilities for so doing. This large number of idle and non- 
producing convicts is a very great expense to the State, in- 
dependent of the immense costs of their trials, convictions 



GOVERNOR JOHN SMITH PHELPS 53 

and transportations to the prison. They can, they think, 
make the number let under the contract more than self- 
supporting, and their desire is to make the penitentiary 
self-sustaining. Their estimate is that the State will receive 
over the sum of $50,000 per annum for the hire of the said 
convict labor, under said contract, which otherwise would be 
non-productive." 

But it is said that when the convicts are worked outside 
of the prison walls their labor comes in competition with 
the labor of the honest man. Is not this so when the prisoner 
labors within the prison walls? When the prisoner is worked 
within the walls he must be employed in some mechanical 
pursuit; and is not the labor within the walls of the prison, 
by the convict, then brought in competition with the labor 
of the mechanics and the skilled workmen of the country? 
And if we are to prevent convict labor fiom coming in 
competition with honest labor, then no labor whatever 
ran be performed by the convict, and he is to be kept in 
idleness, fed, clothed and guarded at the expense of the 
honest men of the country. If this is the policy to be pur- 
sued by the State, let the law-making power so indicate, 
and the will of the General Assembly in this respect will be 
observed. All the officers of the State, in any manner what- 
ever connected with this branch of the public service, have 
no interest to subserve but the interest of the people of the 
State; nor are they wedded to the policy which has been 
pursued. If the prisoners are to be kept within the walls 
of the prison and only worked there, many of them must 
remain idle, or the State must forthwith enlarge the prison 
walls, erect additional workshops, and furnish more motive 
power for those shops. The financial condition of the State 
will not permit this to be done, for, whatever number of 
prisoners may be employed to labor for the State, they will 
bring no revenue into the treasury, but the treasury must 
defray the cost of their board, clothing and guard service. 
And again, the State must borrow money for this purpose, 
or greatly reduce the expenditures of the government. But 
the limit of a temporary loan has already been reached, and 



54 



MESSAGES AND PROCLAMATIONS OF 



the Slate will be compelled to renew that loan, for a short 
period of time, and provide additional revenue. 

It is well to compare the cost of managing and con- 
ducting the prison, and the number of prisoners, for a few 
years past. The prison, during the term hereinafter men- 
tioned, until June, 1873, was managed and conducted as a 
manufacturing establishment by the State, and whatever 
was made by the labor of prisoners was applied to the sup- 
port of the prison in addition to the money drawn from the 
treasury. From that date till November 22, 1875, the 
penitentiary was managed by the lessees, and from the 
date last named, it has been conducted by the State, and a 
large portion of the prisoners as many as could be were 
leased to contractors, who worked the prisoners within the 
walls of the prison, and the proceeds of their labor have 
been applied to the support of the penitentiary: 



STATEMENT OF NUMBER OF STATE AND UNITED STATES 
PRISONERS REMAINING IN THE MISSOURI PENITENTIARY, 
AT THE CLOSE OF EACH YEAR, FOR THE TEN (10) YEARS 
ENDING DECEMBER SlST, 1878- 



Remaining in prison. 


State. 


United 
States. 


Total 


. 


December 31st, 1869. 


735 




735 


No records in 


December 31st 1870 


797 




797 


the Warden's 


December 31st, 1871. 


907 




907 


office by which 


December 31st 1872. 


841 




841 


the number of 


December 31st, 1873. 


897 




897 


United States 


December 31st, 1874 


1,013 


56 


1,069 


prisoners can 


December 31st, 1875 


1,257 


21 


1,278 


be ascertained. 


December 31st, 1876 


1,332 


14 


1,346 




December 31st, 1877 


1,276 


23 


1,299 




December 31st, 1878 


1,244 


50 


1,294 





GOVERNOR JOHN SMITH PHELPS 55 

COST OF MAINTAINING THE PENITENTIARY. 

For the two years 1869 and 1870 $277,840.21 

For the year 1871 103,852.15 

For the year 1872 150,033.18 

For the year 1873 (leased June, 1873) 155, 105.61 

For the year 1874 (in charge of lessees) 

For the year 1875 104,625.90 

For the year 1876 126,199.92 

For the year 1877 96,010.01 

For the year 1878 51 ,951 .52 

On this subject I 'desire to state facts only. A larger 
amount has been earned by the labor of prisoners during 
the past two years than was ever earned before. Those 
earnings have been applied to the support and maintenance 
of the prison. In addition to this, nearly all the labor used 
in the construction of the court-house was done by prison 
labor, commencing with the manufacture of the brick and 
cutting the wood wherewith to burn the brick, and quarrying 
the rock and erecting the building. 

The proceeds of prison labor are as follows for the last 
three years: 

1876 $31,222.90 

1877 Labor inside walls S52 , 611 . 94 

1877 Labor outside walls 19,259.47 71 ,871 41 

1878 Labor inside waUs 62 , 237 . 05 

1878 Labor outside walls 30,042.93 92,279.98 

COUNTY AND PROBATE COURTS. 

By special laws, made from time to time, we had 
destroyed the uniformity which once prevailed in the 
organization and jurisdiction of courts. Particularly was 
this the case with the county and probate courts. In some 
counties the county court was composed of seven judges; 
in some counties of five judges; in others of three judges, 
and in some counties of one judge only. In some counties, 
where the court consisted of three judges, the judge of the 
probate court was ex officio presiding justice of the county 
court. In all counties the county court had charge of and 
administered county affairs; in some counties the court was 
a probate court. With respect to the probate court or 



56 MESSAGES AND PROCLAMATIONS OF 

court having probate jurisdiction in some counties it was 
composed of one judge, in other counties of three judges. 
Some of the probate courts had exclusive jurisdiction of all 
demands against the estates of deceased persons, and other 
courts had exclusive jurisdiction of small amounts, and 
concurrent jurisdiction with the circuit courts of larger de- 
mands. By the acts of the last Legislature an uniform 
system of probate and of county courts was established. 
The county courts are now composed of three judges, and 
no more, and the compensation is fixed at $3 per day and 
mileage, instead of $5 per day, the former compensation. 
The per diem cost to a county is now $9, instead of the sum 
of $25, which was the per diem cost in many counties before 
the change of the law. The saving to the people in the 
amount paid to the judges of the county court ranges from 
$6 to $16 per day. Another saving in expense was made: 
the judges being of equal qualification, three judges will 
dispose of more business in a day than five judges. 

I have no doubt that in many cases the compensation 
or emoluments of county officers is too great. This is shown 
by the fact that in some counties candidates proposed to 
perform the duties of the office they sought, for a much less 
compensation than that prescribed by law, and the surplus, 
if any. they promised should be paid into the county 
treasury. I lecommend, therefore, that you especially in- 
quire into the amount paid to all officers, State or county, 
and if, in your wisdom and judgment, the compensation or 
salary is too great, that you regulate such salary or com- 
pensation by prescribing a lower and different compensa- 
tion, wherever it may lawfully be done. 

EDUCATION. 

The cause of education is increasing, and has received 
encouragement to the extent of the ability of the State to 
render, in these times of financial distress. No one proposes 
to reduce the amount of the revenue which is directed to 
be set apart for the support of public schools, though this 
can only be done by amending the Constitution. There is 



GOVERNOR JOHN SMITH PHELPS 57 

but little doubt the sum to be distributed for the mainte- 
nance of the public schools will be an amount about equal 
to the sum apj ortioned for the year 1878 for the same pur- 
pose. The State University, including the Agricultural 
College and the School of Mines, is in a prosperous condi- 
tion. The number of students has considerably increased 
under the present management. Its able professors, under 
the guidance of its distinguished president, attract pupils 
not only from almost every portion of our State, but also 
from neighboring States. The Normal schools appear to 
prosper. Reports from these institutions will be submitted 
to you in the early part of the session, and to those reports 
I respectfully refer you for full information of their manage- 
ment. The report of the Superintendent of Public Schools 
will show you the condition of this branch of education. 
In connection with this matter, I suggest for your con- 
sideration whether it is not advisable to provide that the 
county public school fund, as well as the congressional town- 
ship public school funds, shall be invested in the bonds of 
this State. These funds would have amounted to a much 
larger sum if suitable care had been taken> and the invest- 
ments made in the securities of this State. 

CHARITIES. 

The reports of the charitable institutions, as well as 
other institutions of this State, are now required to be made 
to you at an early period of the session. The State has been 
liberal in providing good and substantial buildings for the 
uses to which they are applied. They are insufficient to 
provide for all of the indigent who may be dependent on 
charity, but the State can not now afford to enlarge those 
buildings. This State expended last year the sum of $589,056 
for educational purposes, and for chanties, $137,137. 

REPEAL OF LAWS. 

The act entitled "Indians" was enacted when there 
were Indians residing immediately on the borders of our 
State. It was intended to prevent Indians from coming into 



58 MESSAGES AND PROCLAMATIONS OF 

the State to hunt, and to prevent them from otherwise ob- 
truding on the inhabitants of the State. 

The act entitled "An act declaring the silver coins of 
the United States a legal tender in the State of Missouri," 
was one of questionable policy at the time it was adopted. 
It made the half dollars a legal tender for all sums, and the 
smaller coins of silver a legal tender in limited amounts, 
whilst by the laws of the United States these subsidiary 
coins are a legal tender to the amount of $5, and no more. 
The silver in the half dollar and the other small coins is of 
the same purity as in the dollar, but two half dollars do not 
contain as many grains of silver as the silver dollar con- 
tains. I recommend the statutes concerning Indians and 
making silver coins a legal tender be repealed. The one is 
of no farther use the other is now a bad law, 

SUIT WITH HANNIBAL AND ST. JOE RAILROAD COMPANY. 

By virtue of the provisions of a joint resolution of the 
last General Assembly concerning the Hannibal and St. 
Joe Railroad, the Governor, with the concurrence of the 
Attorney-General, was authorized to employ counsel to 
enter the appearance of this State to a bill in equity pending 
in the Supreme Judicial Court of the State of Massachusets, 
wherein the said railroad company was the complainant and 
Sidney Bartlett and other trustees were defendants, for the 
purpose of closing their trust. It was claimed this State 
had a lien on the proceeds of the sales of lands, after the 
extinguishment of a mortgage given in 1856 by the com- 
pany, and that the surplus proceeds of such sales should be 
paid into the treasury of the State for the purpose of paying 
the bonds of this State loaned to the railroad company. 
The attention of the General Assembly was called to the 
subject by my predecessor, with the recommendation that 
the State should enter its appearance to that suit. Under 
the provision of the joint resolution an able jurist of the 
State of Massachusetts Benjamin P. Thomas with whom 
a consultation had been previously held on this subject, was 
employed to enter the appearance of the State and to attend 



GOVERNOR JOHN SMITH PHELPS 59 

to its interests. The claim of the State was based on the 
18th section of the act of December 10, 1855. The case was 
heard at the April term, 1877, of said court. The decision 
was adverse to the claim of this State, as will appear by the 
following extract from the decree of the court: 

"Second. That the only interest of the State of Mis- 
souri in the lands conveyed by said trust indentures and in 
the proceeds of such said lands as have been heretofore sold, 
and in the contracts for the sale of any of said lands hereto- 
fore made, is under the 18th section of the statutes of the 
State of Missouri, of the 10th of December, A. D. 1855, 
which requires the complainant to pay into the treasury of 
said State the surplus proceeds of all land sales, or such other 
securities as may be provided by the Hannibal and St, 
Joseph Railroad Company aforesaid, in a deed of trust or 
otherwise in a plan to be adopted by said company to raise 
funds to complete the road. That by the true construction 
of said statute, no such surplus can be held to exist, except 
such as would remain after deducting the amount of all 
expenses and obligations lawfully incurred by the incor- 
poration in completing, equipping and putting in operation 
its railroad, including: 1. Sums advanced by the corpora- 
tion to the trustees for expenses of the management, sur- 
veying and disposing of the lands granted under the acts of 
Congress, and included in the deeds of trust, and for taxes 
thereon, and to satisfy reclamations for bad titles and other 
incidental expenses. 2. Sums paid by the corporation, 
either in money or in stock, to discharge the bonds issued 
by the corporation and secured by the deeds of trust, in- 
cluding the interest on such lands. 

"Third. That it is found by the report of the Master, 
and adjudged by the court, that the whole value of the 
lands now held under the said deeds of trust, and of all the 
proceeds of lands sold, and investments of the same, now 
held by said trustees, is much less than the amount of the 
deductions aforesaid to which the complainants are en- 
titled, before there will be any 'surplus' to which the right 
of the State of Missouri can attach." 



60 MESSAGES AND PROCLAMATIONS OF 

The sum of $2,000, which was appropriated to pay 
counsel for services in that suit, was not drawn from the 
Treasury, for the court ordered the trustees to pay to 
Benj. P. Thomas, Esq., out of the proceeds of the land 
sales in their hands, the compensation to which he was en- 
titled. 

SENATOR BOGY. 

Since the adjournment of the Legislature, Hon. Lewis 
V. Bogy, one of our Senators in Congress, departed this 
life. He was a native of this State, and his life had been 
devoted to the advancement of the material interests of 
our State. His eulogy has been pronounced by those more 
intimately acquainted with him than I, some of whom 
served with him on that theater, which from his boyhood 
days it had been his ambition to occupy, and which he did 
occupy with great credit to himself. It will be your duty 
to fill his unexpired term, now held by Hon. D. H. Arm- 
strong. 

CONCLUSION. 

In the matters I have submitted for your consideration, 
I have not attempted to support them by arguments, but 
to state the facts and conclusions to which I have been 
brought by my deliberate judgment, and I trust the result 
of your deliberations will be to promote the welfare and to 
increase the prosperity of the people of this State. 

JOHN A. PHELPS. 
Executive Office, Jefferson City, Missouri, January 9, 1879. 



GOVERNOR JOHN SMITH PHELPS 61 



SECOND BIENNIAL MESSAGE 

JANUARY 6, 1881 
From the Journal of the House of Representatives, pp. 13-43 



Senators and Representatives: 

The Constitution requires the Governor of this State, 
at the close of his term of office to give information to the 
General Assembly of the condition of the State, and to 
recommend such measures as he shall deem expedient. In 
this message, 1 have endeavored to comply with those 
requirements by giving you, in a brief manner, information 
of the condition of the State, and to mention but few mat- 
ters upon which legislation is, in my opinion, required. The 
affairs of the State are in a prosperous condition; the laws 
are generally faithfully executed; quiet prevails; the people 
are prosperous; the costs to the State of criminal prosecu- 
tions are diminished; the Penitentiary has become a self- 
sustaining institution, and economy prevails in all de- 
partments of the State Government. 

THE TREASURY. 

The condition of the Treasury naturally first attracts 
the attention of the tax-payers. They maintain and sup- 
port the government, and have the right to inquire and be 
informed how and in what manner their contributions have 
been applied and expended. The expenditures of our State 
government are necessarily divided into expenditures to 
liquidate indebtedness of the State, the payment of the 
interest on the same, the payments of salaries and com- 
pensation of officers for the due execution of the laws, and 
the expenses of levying and collecting the money needed and 
required to keep the machinery of government running. A 
part of that machinery consists of our courts of justice, 
where the rights of parties to property are settled, damages 
awarded for injuries done to peisons or property, and those 
guilty of crimes are punished. We have also the blind, the 
mutes and the insane to care for, educate and pro- 



62 



MESSAGES AND PROCLAMATIONS OF 



tect. Their misfortunes and their maladies enlist our 
sympathies. Not sufficiently numerous to require asylums 
in every county for their education and support, the care 
of these people devolves upon the State, and a part of the 
revenue of the State is bestowed in erecting suitable build- 
ings for their comfort and maintenance, and expenditures 
on this account may be classed as eleemosynary, yet in 
part partaking of educational. It is said the safety of our 
government, in part, depends on the education of the 
people. The eminent legislators of this State, in recognition 
of that fact, did at an early day, establish an excellent 
system of public schools, and also provided for a State 
University. This brings us to another branch of expendi- 
tures the educational. Besides the State University and 
the public schools, other institutions of learning have been 
established by the State for the purpose of educating and 
training the students to be instructors in our schools. I 
refer to the three State Normal Schools and to the Lincoln 
Institute. The latter is now a State institution, and is 
designed especially for the education of colored persons. 

The receipts from all sources, including the balance 
on hand January 1st, 1879, and disbursements from the 
Revenue fund for the last two years, are as follows: 



Revenue fund. 



By balance January 1, 1879 

By transfers from Library fund 

By proceeds from sale of $250,000 revenue 

renewal bonds in June, 1879 

By receipts in 1879 from revenue resources. 
By receipts in 1880 from revenue resources. 
By amount refunded by Carter & Regan. . . 
To transfer to school moneys March, 1879 , 
To transfer to school moneys March, 1880. 

To warrants issued in 1879 

To warrants issued in 1880 

To balance 



Dr. 



$328,255.18 

340,746.09 

"1,414,583.19 

778,053.43 

284,026.78 



Cr. 



$120,224.98 
1,355.30 

256,875.00 

1,443,603.49 

1,323,586.74 

19.16 



$3,145,664.67 $3,145,664.67 



*This includes $250,000 paid for revenue bonds which matured 
June 1st, 1879. 



GOVERNOR JOHN SMITH PHELPS 63 

This shows a balance of $284,026.78 in the Revenue 
fund. But a part of these receipts, though properly placed 
in the Revenue fund, are not usual receipts, as $256,875 
thereof were the proceeds of the sale of two hundred and 
fifty renewal revenue bonds of $1,000 each, authorized to 
be issued and sold by an act of the Legislature, approved 
May 9th, 1879, to pay the revenue bonds which were issued 
in accordance with the act of April 23d, 1877. 

It is to be observed, also, that $250,000, with $30,000 
interest en the same, are not ordinary expenditures. 

There has been expended for the maintenance and 
support of our eleemosynary institutions, for the last two 
years, the sum of $327,057.50, paid from the Revenue fund. 
This includes the cost of rebuilding the Lunatic Asylum, 
in 1879-80, at St. Joseph. 

There was also expended during the same time, in sup- 
port of our common schools, the Lincoln Institute, the three 
Normal Schools and the State University, the sum of 
$1,145,381.89. But of this amount the sum of $363,720 
was paid out of the Interest fund, being the amount of 
interest which had accrued on bonds and certificates of 
indebtedness of the State, held in trust for the State School 
and Seminary funds. Nevertheless, those sums of money 
were raised by taxation of our people during the last two 
calendar and fiscal years. 

OF THE REVENUE. 

The revenues of the State will naturally increase some 
with the increase of population and of wealth. The price 
of property, and particularly of real estate, has been greatly 
depressed for a few years last past. In the latter part of 
1879, the price of all kinds of property increased, but at too 
late a period to enable the enhanced valuation to ma- 
terially affect the assessment of that year. It must be 
borne in mind all persons are required to give in the property 
held and owned by them on the 1st day of August, and the 
valuation of the same is to be made of that date, but the 
taxes will not be ready for collection on that assessment 



64 MESSAGES AND PROCLAMATIONS OF 

till the autumn of the next year. The following statement 
shows the valuation of the real estate, the personal property, 
and the railroads, bridges and telegraphs, in this State, for 
the years named : 

1878: 

Land $218,726,215 

Town lots 167,167,113 

Personal 142,620,636 

Railroads, telegraph and bridges 26,726,591 

Total $555,240,555 

1879: 

Land $212,519,110 

Town lots 169,036,454 

Personal property 147 ,661 ,910 

Railroads, telegraph and bridges 29 , 143 ,969 



Total $558,361 ,443 

The assessment of 1879 is the assessment upon which 
the tax has just been collected, and the assessment of 
property which was made on the 1st day of August last, is 
not yet completed, but the tax will be payable in the autumn 
of 1881, and will be levied on that valuation. Additional 
taxes will be derived from licenses and from the ad valorem 
tax levied on merchants and manufacturers, as well as 
dram-shop or beer house licenses. For more particular and 
specific information concerning the revenue, I refer you to 
the State Auditor, and the valuable tables accompanying it. 
I am of opinion a portion of the Renewal Revenue bonds 
can be paid at their maturity, but not all. 

STATE INTEREST AND SINKING FUND. 

The tax which forms the Interest fund is one fifth of 
one per cent., or 20 cents on the $100 of the assessed value of 
property, levied on all real estate and other property and 
effects subject to taxation, and, by the provisions of the 
Constitution, is to be applied to the payment of the interest 
on the public debt. The interest on the public debt has been 



GOVERNOR JOHN SMITH PHELPS 65 

promptly met and paid. The residue of the Interest fund 
constitutes the Sinking fund, and is to be applied to the 
extinguishment of the bonded indebtedness of the State. 
During the years 1877 and 1878, the sum of $535,000 was 
paid in the extinguishment of the public debt. The law 
provides when there is sufficient money in the Sinking fund 
to purchase one or more bonds of the State, the Fund Com- 
missioners shall call in for payment a like amount of the 
bonds of the State, (the Hannibal and St. Joe Railroad 
bonds excepted,) but the commissioners shall not purchase 
or redeem any such bonds at a higher rate than their "face 
value." No bonds of this State fell due in 1879, according 
to the previous reports of the Fund Commissioners, and all 
descriptions of bonds which the commissioners were au- 
thorized to purchase, sold in market at a premium of from 
4 to 10 per cent. None of the "option," or 5-20 bonds were 
redeemable till the 1st of May of last year. Public notice 
was given that all which were redeemable at that date, and 
designated by their numbers and series, would be paid on 
presentation to the National Bank of Commerce in the City 
of New York, and that interest would cease on and after 
that date. This bank had been, by the commissioners, pre- 
viously selected as the depository and fiscal agent of the 
State for the payment of the interest, payable in New 
York, on the bonded debt. Money was, by order of the 
Fund Commissioners, deposited with said bank for that 
purpose. As the interest on the bonded indebtedness was 
due on the 1st of July, in the opinion of the Fund Commis- 
sioners, no more money could be spared for the redemption 
of bonds at that date. Public notice was given that $40,000 
of bonds would be redeemed on 31st of July last, and that 
interest would cease on and after that date, and another 
public notice was given that $75,000 of bonds would be 
redeemed on the 31st of August last, and that interest would 
cease on and after that date. Funds wherewith to redeem 
said bonds were placed with the Bank of Commerce at the 
time the said notices were respectively given. The payment 
of the interest on the public debt on the 1st of January last, 



66 MESSAGES AND PROCLAMATIONS OF 

was dependent on the collection of taxes during the months 
of November and December. A large amount of the taxes 
collected in the month of December is not received at the 
Treasury till some time in the month of January. Yet 
$402,000 was, in the month of December last, remitted to 
the National Bank of Commerce of New York City, for 
the payment of the interest due on the public debt on the 
first of this rnonth : payable in the City of New York. The 
interest due for the year 1880 on the bonds held in trust for 
the Public School fund amounting to $120,540 was set apart 
in the Treasury in the month of December last, though none 
of it will be disbursed till the month of March; and $3,660, 
the interest due the first of January last on the bonds held 
in trust for the Seminary fund, has been paid to the Treas- 
urer of the Board of Curators of the State University. The 
interest on the certificate of indebtedness of $900,000, is 
not payable till the first of March, 1880. In the first call of 
bonds for redemption, there were embraced 22 bonds which 
belonged to the Seminary fund. It was not intended by 
the commissioners to redeem any bonds held in trust by 
the State for any of its funds. This error was not discovered 
till it was too late to remedy it, except in the call for bonds 
for redemption on the 31st of December last. The Fund 
Commissioners, therefore, on the 10th of December last, 
called in for redemption $167,000 of the bonds of the State, 
and gave notice that the interest thereon would cease on 
and after the 31st day of last December. $22,000 of the 
money necessary for that purpose was on deposit with the 
National Bank of Commerce of New York City, and on the 
day the call was made the residue of the money was ordered 
to be remitted by the Bank of Commerce of St. Louis. Thus 
while none of the bonded indebtedness of the State was 
paid in 1879, for the reasons given, yet in the year 1880, 
double the amount of bonded indebtedness required to be 
paid in 1880 was redeemed in that year. In the four years 
last past, there has been paid out of the Sinking fund 
$1,035,000 of the indebtedness of the State a reduction 
annually of more than $60,000 of interest, leaving that 



GOVERNOR JOHN SMITH PHELPS 



much more of the Interest fund applicable to the payment 
of the bonded indebtedness of the State. 

The following table shows the receipts, including the 
balance on hand on the first of January, 1879, and the dis- 
bursements of the Interest fund for the last two years, show- 
ing a balance of $73,629.77: 



State Interest Fund. 



Dr. 



Cr. 



By balance January 1, 1879 

By receipts in 1879 

By receipts in 1880 

To warrants issued in 1879 

To transfer to school money in 1879, to pay 
interest on $900,000, school certificate . 

To transfer to sinking fund in 1879 

To warrants issued in 1880 

To transfer to school moneys in 1880 

To transfer to sinking fund in 1880 

To balance 



$963,332.00 

54,000.00 

1,000.00 

940,118.73 

54,000.00 
499,000.00 

73,629.77 



$156,039.79 
1,240,284.84 
1,188,755.87 



Total. 



$2,585,080.50 



$2,585,080.50 



The State holds in trust for the Seminary fund $122,000, 
and for the School fund $1,958,000, making the sum of 
$2,080,000, all of which said bonds are 5-20, and may now 
be redeemed, as five years have elapsed since their issue. 
The Educational funds of the State are principally invested 
in 5-20 bonds. I cannot recommend any course by which 
those funds shall be impaired or their revenues be diminished. 
To reduce the rate of interest or to re-invest (which can 
only be done by paying a premium,) the amount in any 
bonds of this State, will seriously impair the revenue of 
those funds, and I will not believe, till 1 shall hear it so 
avowed, that any one considerately desired to impair the 
School funds or to diminish their income. Of the State 
bonds, proper, outstanding, there are $137,000 which may 
be redeemed at this time, as the Legislature provided for 
their redemption after the expiration of twenty years. 
Until a recent examination, it was believed they were not 



68 MESSAGES AND PROCLAMATIONS OF 

redeemable till 1883, and were so reported; the residue of 
that series of bonds are redeemable in 1882 and 1883.. And 
there are $4,000 of bonds of the North Missouri Railroad 
which will fall due in 1885. No bonds will fall due in this 
year, and whatever bonds may be redeemed must be called 
from the "option" bonds. 

INDEBTEDNESS OF THE STATE. 

Not including the $3,000,000 of bonds of the State 
loaned to the Hannibal and St. Joseph Railroad Company, 
on which that Company has promptly paid the interest, 
the bonded indebtedness of the State on the 1st of January 
of this year was $16,259,000. This amount does not include 
a few bonds which are past due and have been outstanding 
for several years. Money was placed in New York for the 
redemption of those bonds, at the time they severally fell 
due, and from the date the money was so placed by the 
Fund Commissioners they have been regarded as paid. 
The State holds in trust for the Public School fund and for 
the Seminary fund $3,031,000, which bonds have been de- 
faced so as to destroy their negotiability, in accordance 
with a law of the last Legislature. This leaves in circulation 
only $13,228,000 of State bonds, and the annual interest is 
only $975,540. This does not include the temporary loan 
of $250,000 which will fall due next June. 

THE MASTIN DEFICIT. 

The State Treasurer, in January, 1879, reported a 
balance of the money in the Treasury was "deposited and 
held*' as follows: 

National Bank of State $3 ,045 . 25 

The Mastin Bank 286,187.80 

Reid and Chrisman 5,000.00 

Clinton county bonds in vault 49 ,000. 00 

The deposits and investments of the moneys herein stated 
were made without the consent of the Attorney-General and 
the Governor, and whatever security the Treasurer may 
have had was not submitted to the Attorney-General nor 



GOVERNOR JOHN SMITH PHELPS 69 

to the Governor, to learn whether or not it was satisfactory. 
In brief, the deposits of said moneys were made entirely 
on the responsibility of the Treasurer, and without the 
advice or consent of any State officer empowered to pass on 
that question. In the month of May, 1879, there w r as paid 
to Col. Gates $5,321.59, on account of a dividend due to 
him from the Mastin Bank, In October, 1879 the sum of 
$5,000, deposited with Reid and Chrisman, and the $49,000 
of Clinton county bonds, disappeared from the Treasurer's 
statement. If those bonds belonged to the State, then the 
money received on the two semi-annual coupons on each 
bond should have been paid into the Treasury. In De- 
cember, 1879, the Mastin Bank deficit is diminished $33,- 
634.01, and in the Treasurer's annual report, made to me 
in January, 1880, for the year 1879, it is stated he has 
realized the last named sum from his official bondsmen, 
for which he has "assigned to them a like amount of my 
(his) claim against the Mastin Bank." Another reduction 
of the Mastin Bank deficit took place in June, 1880, of 
$20,000, said to have been received from one of the sureties 
upon the bond given by the Mastin Bank to Col. Gates 
for the safe keeping and return of his deposits, and paid 
in consideration that this bondsman shall be held to no 
further liability on that account. In the month of July 
last, the further sum of $43,709.55 was deducted from said 
deficit, which was received from the assignee of said bank 
as a dividend on a claim allowed in favor of Col. Gates 
against it. From time to time, the amount of money de- 
posited with the National Bank of the State of Missouri 
was diminished, until in September last, it entirely disap- 
peared from the Treasurer's report. There is now the sum 
of $183,522.65, as claimed by Col. Gates, held by the 
Mastin Bank. Promises have been made to me that this 
sum should be paid before the meeting of the Legislature, 
but those promises have not yet been redeemed. No settle- 
ment was approved by the Legislature of the Treasurer for 
the first two years of his term of office, nor was a settlement 
of his accounts made at the time of giving his new bond. 



70 MESSAGES AND PROCLAMATIONS OF 

The laws did not permit nor authorize a suit to be brought 
against Col. Gates and his bondsman; and the first time a 
suit can be brought on his official bond will be when he shall 
fail to deliver to his successor the funds which have been 
entrusted to his care and safe keeping. If there shall be no 
deficit if all the money with which he stands charged shall 
be legally accounted for or paid to his successor then no 
suit can be maintained. But if, on the contrary, he does not 
lawfully account for all the money which came to his hands, 
and pay to his successor the balance, (if any there shall 
be) he and his bondsmen will be liable on his bond for the 
deficiency. But it is claimed the State has priority of 
payment over all other creditors in cases of insolvency, and 
that this principle of law is applicable to the case of the 
Mastin Bank. That the State, by express statutory en- 
actment, has priority of payment over all demands except 
funeral expenses and expenses of last sickness in case of 
the estates of deceased persons and also priority of pay- 
ment of taxes assessed on real estate, is true. But does 
this priority of payment extend to any other cases? Good 
reasons exist to cause such a statutory provision to be 
made, but the enactment of a law of that import cannot 
have a retroactive effect. If the State can assert and main- 
tain priority of payment in the case of the Gates deposit in 
the Mastin Bank, and cause all persons to whom the as- 
signee in good faith has paid the dividends in the same 
manner as they have been paid to Col. Gates, then must 
all who have received dividends from the assignee of said 
bank be called upon and made to refund the payments 
already made to them, or sufficient to pay the deficit. And 
if priority of payment to the State exists in this case, and 
can be enforced, then the sureties of Col. Gates, who have 
already paid more than $30,000 for him, can assert this 
principle for their benefit. And if the sureties of Col. Gates 
shall now pay into the Treasury the $183,522.65, now held 
by the Mastin Bank, those sureties would, by existing laws, 
be subrogated to all the rights of the State. 



GOVERNOR JOHN SMITH PHELPS 71 

REVENUE BONDS. 

In 1877, I found the Treasury in a depleted condition. 
Certificates of indebtedness had been issued, liabilities had 
been incurred, and demands filed with the Auditor for 
settlement in the year 1876, amounting to more than 
$266,000, as stated in my special message to the Legislature, 
in March, 1877. The revenues of the State at that time 
were insufficient to meet the exigency. I recommended a 
temporary loan to be made to supply this casual deficiency, 
(and would have recommended a larger sum, but the Con- 
stitution forbade) in accordance with the provisions of the 
second clause of section 44, of article 4 of the Constitution. 
The authority was given, and the loan was made. The 
revenues of the State were inadequate to defray the current 
expenses of the State government, the other expenditures 
charged to the Revenue fund, and also to redeem those 
bonds. Hence, authority was given by the Legislature of 
1879, to redeem the Revenue bonds by negotiating another 
6 per cent loan, payable in two years. Proposals were in- 
vited in the manner provided by law, and the loan was 
awarded to the highest and best bidder at a premium of 
per cent., amounting to $6,875. 



RATE OF INTEREST. 

I recommended to the last Legislature a reduction in the 
rate of interest. The proposition at first was received with 
favor, but afterwards alarm was created in the minds of 
some, lest capital from other States should be withdrawn. 
But during that winter the Legislatures of the States of 
Illinois and New York considered the question the first 
named State reducing its legal rate of interest to 6 per cent., 
and by contract 8 per cent, per annum, while the State of 
New York reduced its rate of interest from 7 to 6 per cent. 
per annum. The same reasons which influenced me then 
to make that recommendation, causes me again to recom- 
mend a reduction of the rate of interest to 6 per cent, per 
annum, with suitable provisions to cause the law to be re- 
spected and observed. It has been recently urged, in order 



72 MESSAGES AND PROCLAMATIONS OF 

to induce capitalists of this State to invest in the bonds of 
the State, that the capital so invested shall be exempt from 
taxation. There is no good reason presented to my mind 
why we shall amend the Constitution of the State and ex- 
empt any property from taxation. Why should the money 
of the capitalist be exempt from taxation because he in- 
vests it in the bonds of this State, or of the cities and counties 
of this State? By many political economists it is considered 
the taxes levied on property are for the purpose of defraying 
the expenses of its protection, and that property of all 
description should be taxed in order to defray the expenses 
of the government in making laws for its protection, and 
the costs and expenses of enforcing those laws. We can 
borrow money at as low a rate of interest as 4 per cent, per 
annum, but our necessities are not such, at this time, as to 
require the postponement of the day of the payment of our 
indebtedness, in consideration of a reduced rate of interest. 
Instead of inviting the capitalists of this State to invest 
their money in State or municipal bonds, I prefer to see it 
invested in the development of our mines, the building of 
railroads and the establishment of manufactories. Millions 
of dollars worth of cotton are transported through this 
State some raised in it and a few hundred bales only 
manufactured here. We continue to import to this State 
iron and steel, and yet the raw material from which it is 
produced is abundant. Sheep-husbandry is one of our great 
sources of industry, yet but few woolen goods are manu- 
factured by us. We send the hides of our beeves away to be 
manufactured, and they are returned to us in boots and 
shoes. Instead of encouraging all those who have capital 
to be money-lenders, why not, (if encouragement is to be 
given to any) encourage investments in mining, manufac- 
tures, and in commerce! 

EDUCATION. 

The number of students at the State University, the 
School of Mines and the Lincoln Institute, on the first of 
November last, is in excess of the number in any previous 



GOVERNOR JOHN SMITH PHELPS 73 

year attending those institutions at the same date. The 
number of students at the State University, in all its de- 
partments, is now 500. This number of students is a sure 
test of the correct discipline maintained, and the meritorious 
standard of education adopted at the University, and is a 
testimonial to the good character of the president and the 
other members of the faculty as educators and instructors 
of the youth entrusted to their care. At the Normal Schools 
fewer students are in attendance than in former years. 
This, perhaps, may be attributed to the fact that those to 
whom has been entrusted the management of the Normal 
Schools have been more strict in requiring the student to 
obligate himself to following the profession of teaching in 
this State, after he shall have graduated. This require- 
ment is in accord with the basis upon which the Normal 
Schools were established, and should be exacted of the 
students by those schools. The School of Mines and 
Metallurgy, at Rolla, is in a prosperous condition. The 
frequent discovery of mines of the precious metals in the 
territories, and the demand in this State for mining engi- 
neers, have no doubt caused an increase of students to qualify 
themselves to follow the profession of mining engineer and 
geologist. For the first time in its history, the Lincoln 
Institute has an entire corps of colored teachers. Prof. 
Page and his assistant teachers have thus far given general 
satisfaction to the trustees, and the patrons of the Institute. 
The Lincoln Institute was organized in 1870, and was es- 
tablished by the money previously subscribed for that 
purpose by colored soldiers, aided by a few philanthropists. 
After slavery was abolished, and the negro was made a 
citizen and entitled to all the legal rights to which other 
citizens were entitled, it was deemed desirable to educate 
some of their class to be teachers in the public schools of 
this State, so that the colored children should have the same 
legal right to the public money, and to obtain an education, 
which the white children in the State possessed. Provision 
was made for separate schools, and in many of the villages 
and towns of the State, schools for colored children are regu- 



74 MESSAGES AND PROCLAMATIONS OF 

larly taught, and are well patronized and maintained. 
The Lincoln Institute, however, has struggled for an ex- 
istence. The youth who resorted to it to obtain an education 
had a rugged pathway to travel to support themselves and 
to devote their time to study, instead of labor. The Legis- 
lature did assist the Institute, but the building did not be- 
long to the State. A debt had been incurred by the trustees, 
which embarrassed the operations of the school. The last 
Legislature of 1879 appropriated $15,000 to the support of 
the Institute, provided $5,000 should be applied to the 
payment of its indebtedness. This appropriation was con- 
tained in the general appropriation bill, and was a grant to 
a corporation managing a charity. The Constitution pro- 
vides: 'The General Assembly shall have no power to 
make any grant ******* of public money or 
thing of value to any individual association of individuals, 
municipal or other corporation whatever." The grant of 
money to the Lincoln Institute was in violation of the part 
of the Constitution just quoted, and, as matters then stood, 
could not receive my approval. I was, ex officio, a member 
of the board of trustees. The trustees were assembled, and 
with no dissenting voice, it was resolved the building of 
the Lincoln Institute and its school apparatus and furniture 
should be conveyed to the State. The deed was made, 
executed, acknowledged and recorded, and the appropria- 
tion bill was then approved. It is too soon now to be done, 
but the Lincoln Institute will, if properly cared for, occupy 
the same position to the colored people of the State which 
the State University holds to the white people of the State. 
It was a wise act to place the Lincoln Institute under the 
control of the State government, where it can be cared for 
and protected in the same manner as other State institutions 
are protected and maintained. 

I requested the Superintendent of Public Schools to 
ascertain the number of students on the first day of Novem- 
ber in each year, for the last six years, in all the institutions 
of learning and education throughout the State, except the 
public district schools and private schools of like grade. 



GOVERNOR JOHN SMTTH PHELPS 75 

It has been stated that the people of the West, if they 
emigrated from the Southern States, are not disposed to aid, 
encourage and foster institutions of learning. This opinion 
has probably been based upon criticism expressed concern- 
ing the management of our public schools, and some are 
found condemning the system who only wish to censure 
the mode of management. We find in many portions of 
the State large and ornately built public school houses 
some of them three stories in height and when the children 
of the school district are assembled, there is not a sufficient 
number of them to fill the rooms on the ground floor. And 
if this were all, it would be tolerable. But these school 
houses were built with money raised by the sale of bonds 
issued by the district, and the school taxes for interest and 
other proper purposes, become so enormous that the people 
cannot pay them much less the principal : and many 
join in a pardonable complaint against the system, when 
the censure is really intended to be furled against the ex- 
travagance and recklessness of expenditures sometimes 
practiced in the name of the public schools. The people 
of the West and South are thoroughly imbued with the 
necessities , of a free public education, and have demon- 
strated their perfect willingness to support and encourage 
such a system. So far as this State is concerned, its aid 
and encouragement of public schools will favorably compare 
with any other State in the Union. 

A statement of facts furnished by the reports made to 
that able and efficient officer, Hon. R. D. Shannon, Super- 
intendent of Public Schools, will substantiate the state- 
ments made by me. There are three descriptions of school 
funds-^-the State School fund, the County School fund and 
the Congressional Township School fund. In 1874 the State 
School fund was $2,624,354. In 1875 that fund was increased 
about |286,000 and the increase was principally from the 
conversion of 5-20 United States bonds, held by the State, 
into bonds of this State. The State School fund now amounts 
to the sum of $2,909,792. The County and Township School 
funds aggregated, in 1874, the sum of $3,037,440, but many 



76 MESSAGES AND PROCLAMATIONS OF 

counties that year failed to make report of those funds. 
The County and Township School funds, and some special 
school funds held by counties and the city of St. Louis, this 
year amount to $5,867,359, and the total funds in this 
State for educational purposes, on the first of January last, 
was $8,950,805, and of this sum $3,031,000 are bonds and 
certificates of indebtedness of this State, upon which in- 
terest at the rate of six per cent, per annum is regularly 
paid. School moneys are now apportioned according to 
the number of children between the ages of 6 and 20 years 
formerly between 5 and 21 years. The apportionment is 
made on the enumeration of the preceding year; thus, the 
apportionment of money for 1881 will be made on the 
enumeration of 1880. I give the enumeration and appor- 
tionment for a few years: 

No. of children. Apportionment. 

1877 676,153 $539,760 

1878 688,248 537,306 

1879 702,153 502,795 

1880 723,484 515,286 

A fluctuation of the receipts of the Revenue fund will 
cause a variation in the amount to be apportioned. The 
moneys apportioned are derived from interest on the in- 
debtedness of the State to the Public School fund, and 25 
per cent, of the taxes received annually by the Revenue 
fund; and it appears there was paid to teachers of the public 
schools during the last two years the following sums: In 
1879, $2,211,926; in 1880, $2,218,637. 

The result of the inquiries made by the Superintendent 
of Public Schools shows the number of students in the 
various seminaries of learning in this State excluding the 
district schools and private schools of that grade as fol- 
lows, in the years named: 

1875 6,993 

1876 7,785 

1877 7,985 

1878 8,097 

1879 8,667 

1880 9,395 



GOVERNOR JOHN SMITH PHELPS 77 

This table demonstrates that all the institutions of 
learning, of a higher grade in this State are well patronized, 
and that the people are duly impressed with the great 
importance of giving to their children a good and thorough 
education. 

THE STATE CENSUS. 

Congress has provided that if any State or Territory, 
by its duly appointed or authorized agents, during the two 
months beginning on the first Monday of June, in the semi- 
decennial years, shall take and complete a census, in all 
respects according to the schedules and forms of enumera- 
tion prescribed for the census of the United States and shall 
deposit with the Secretary of the Interior on or before the 
first of September following, a full and authentic copy of 
all the schedules returned and reports made by the persons 
charged with such enumeration, the Government of the 
United States will pay to such State or Territory a sum equal 
to 50 per cent, of the amount which was paid by the United 
States to all supervisors and actual enumerators at the last 
preceding census, increased by one-half the percentage of 
gain in population in such State or Territories between the 
two United States censuses next preceding. But the blank 
schedules to be used for this purpose shall be similar in all 
respects to those used by the United States. The law of 
this State provides a census shall be taken by the assessors 
of the counties, and of the city of St. Louis, in 1886, and 
every tenth year thereafter, but not in so comprehensive a 
manner as required by the laws of the United States. An 
enumeration of the people of this State was taken every 
fourth year, pursuant to the requirements of the Consti- 
tution of 1820, until 1848, and thereafter in pursuance of 
law until 1868. After the census of 1868, it was provided 
a State census should be taken in 1876 and every tenth 
year thereafter. I recommend the law providing for taking 
the State census be so changed that the census shall be 
taken in 1885 and every tenth year thereafter, and that 
the return of said census shall be made on schedules of the 
same description and in like manner as the returns of the 



78 MESSAGES AND PROCLAMATIONS OF 

tenth census of the United States were made by the super- 
visors and enumerators and that the enumeration shall be 
made within the time named in the act of Congress to 
which I have referred, so that the State may receive the 
benefit of the provisions of said act. I invite your atten- 
tion to this matter at this time so that if you shall concur 
in the views I have expressed, steps shall be taken forthwith 
to change the law. And if the change shall be made at this 
session of the Legislature, the law will be subject to the 
scrutiny and discussion of our constituents, and if defective 
in any particular, there will be ample time for its amend- 
ment. And if you shall make such change in our laws, it may 
be the means of inducing other States to provide for taking 
a census in 1885, so that there may be a complete enumera- 
tion of the people of the United States taken by State au- 
thority in that year. The census was taken in 1876 of 
every county in the State except St. Louis. The amount 
paid to the assessors for their services in taking the census 
was $54,113.06. The compensation which would have 
been paid to the assessor of St. Louis, if he had performed 
the duty, was so entirely inadequate to the services to be 
performed, that he positively refused to perform the duty. 
The cost of taking the tenth United States census of this 
State is $98,770.79, and this includes the cost of obtaining 
statistics concerning manufactures. 

The population of this State by the census of 1880 is 
2,169,091. By the census of 1870, the population was 
1,721,295, showing an increase of 447,796 inhabitants in 
ten years, an increase of a little more than 26 per cent, in 
that time. The State census, exclusive of the city and 
county of St. Louis, showed a population in 1876 of 1,547,030, 
and of 1,370,106 in 1870, by the census of the United States, 
an increase of that portion of the State of 176,924 or 
11 43-100 per cent, in six years less than 2 per cent, per 
annum and at the rate of 29,487 per year. The census 
of 1880 for the same portions of the State shows an increase 
of 239,651 inhabitants over the State census of 1876, an 
increase of nearly 15 > per cent, for that period of time, 



GOVERNOR JOHN SMITH PHELPS 79 

and not quite 4 per cent, per annum increase for the last 
four years, and at the rate of 59,912 inhabitants per year. 

It will be the duty of this Legislature to divide the 
State into convenient districts for the election of Senators, 
as nearly equal in population as may be, as shown by the 
census recently taken by the United States, and also to 
apportion representation, in accordance with the provisions 
of our Constitution. 

IMMIGRATION. 

The people of this State though conscious of its great 
natural advantages over other States in climate, soil, pro- 
duction, the richness and abundance of its mines and 
mineral products, its fertile prairie lands, interspersed with 
timber of an excellent quality, its timber, suitable not only 
for building but for manufacturing purposes, and its rivers 
and streams of water, have not sought till recently to make 
known these great advantages to the people of our sister 
States, or to the people of foreign lands. The last Legis- 
lature provided for the establishment of a Board of Immi- 
gration, but the amount of money placed at its disposal 
was so inadequate to the expectations formed, that the 
people themselves were forced to take hold of the question 
with vigor and they stepped to the front to supply the means 
necessary to accomplish the objects desired. But in the 
meanwhile the State Board of Immigration had prepared 
and published a small pamphlet, giving a description of the 
State by counties, and an excellent map to accompany the 
same. The labors of the State Board of Immigration in- 
duced inquiry hy the people of other States and of foreign 
lands, intending to seek a new home, concerning the ad- 
vantages which this State possessed. In another portion 
of this paper I have shown that since September, 1876, to 
June, 1880, calling the period of time four years, the popu- 
lation of the State naturally increased, and the increase 
by immigration was about 60,000 persons per year. The 
efforts of the Board of Immigration were ably supplemented 
by the voluntary association formed by the people of this 
State. Enterprising and wealthy gentlemen of St. Louis 



80 MESSAGES AND PROCLAMATIONS OF 

furnished the moneys required for this grand work. A 
convention of the able and energetic men of the State was 
held in St. Louis in April, 1880. The action of this con- 
vention did not aid to increase the population of this State 
embraced in the Federal census, but its influence is now felt, 
and has been felt since last autumn, and will continue to 
be felt for a long time. That association has published a 
map and a handbook of Missouri. In the latter there is a 
brief description of the advantages each county in the State 
possesses, and with the additional statistics which it is 
hoped will be published in a second edition, the whole 
story of the wealth and resources of our State will be briefly 
narrated. I hope the Legislature will make a liberal ap- 
propriation to stimulate and encourage immigration to 
this State. 

RAILROADS. 

The building of railroads is an indication of the wealth 
and prosperity of the people. While the people on the line 
of the projected roads may not have the money wherewith 
to construct and equip these great and costly conduits of 
commerce, yet they may have the wealth of products to be 
transported, which will insure to the capitalist building 
the road a fair income on his investment. Such has been 
the condition of the people of this State. We have not 
been able to furnish money to build railroads, but the 
products of our fertile soil, the wealth of our inexhaustible 
mines of coal, lead, zinc and iron, all promised a bountiful 
recompense to the capitalist who would provide means to 
transport to the consumer this great wealth, produced by 
the husbandman and miner. From the first of July, 1876, 
to the 31st of December last, 867 90-100 miles of railroad 
have been put in operation in this State. From July 1st, 
1876, to July 1st, 1878, only 66 10-100 miles of railroad 
were put in operation, the depressed prices, which then 
prevailed, materially paralyzing all branches of business, 
and financial embarrassment and distress was impending 
on all. From July 1st, 1878, to December 1st, 1879, a 
period of eighteen months, 411 50-100 miles of railroad were 



GOVERNOR JOHN SMITH PHELPS 81 

put in operation, and for the calendar year just closed, 
390 30-100 miles of railroad were completed. And I am 
induced to believe the number of miles of railroad which 
will be put in operation during this year will be no less 
than that of last year. For further information concerning 
the railroads of this State, and their management, you are 
respectfully referred to the report of the Board of Railroad 
Commissioners. 

EXECUTION OF CRIMINAL LAWS. 

The criminal laws are, as a general rule, faithfully 
executed throughout the State. The extraordinary delays 
which formerly occurred in bringing to trial persons charged 
with high criminal offenses have ceased to impede the arm 
of justice. But in the city of St. Louis great delays have 
occurred in many of the important criminal cases pending 
in the courts of that city. In some of those cases, by reason 
of "the law's delay," justice may be thwarted and the 
guilty escape the punishment due for their crimes. Crimi- 
nals seldom lose anything by delay. The witnesses whose 
testimony is important and material to establish the guilt 
of the accused, may die, or they may remove beyond the 
jurisdiction of the court, or, wearied by frequent attendance 
on the court, merely to hear the cause is continued, they 
become disheartened and fail to attend. There was abun- 
dant testimony to establish the guilt of the accused at the 
date of finding the indictment, but for the reasons given, 
and for others which will suggest themselves, there is a 
lack of proof, and the defendant is finally discharged. 
The criminal court of St. Louis holds six terms of court 
each year, and there are now cases on the docket of that 
court which were first placed there three and four years ago. 
In other portions of the State, the courts which have juris- 
diction of criminal cases hold generally but two terms (in a 
few counties, three terms) each year; and yet criminal 
business is conducted with far greater dispatch in those 
counties than in the city of St. Louis, with six terms of its 
criminal court each year. Frequently, in the most im~ 



82 MESSAGES AND PROCLAMATIONS OF 

portant criminal cases pending in the criminal courts outside 
of the city of St. Louis, a final judgment is rendered in from 
six to twelve months after the crime was committed. The 
special laws governing the administration of criminal justice 
in that city, in my opinion, require immediate revision. 
While one court, by its judgment, sentences a man to 
imprisonment in the work-house, another court in the 
same city has discharged him because he is illegally held in 
prison. It may be advisable to reorganize the criminal 
courts of that city, and to provide for an additional judge 
of the criminal court, to enable its business to be transacted 
with dispatch. As a general rule, crime in this State has 
diminished, and this, in part, is due to the prompt and speedy 
administration of the laws and the due execution of the 
sentences of the courts. 

COSTS IN CRIMINAL CASES. 

There was appropriated for the payment of costs in 
criminal cases, for the last two years, $450,000. The last 
Legislature made some change in the laws regulating costs 
in criminal cases, which took effect in November, 1879. 
But the diminution of expenditures under this head is 
not to be entirely attributed to that legislation. Fewer 
crimes have been committed and the interminable delays 
which were incident to the administration of criminal laws, 
in a large portion of the State, have ceased to impede the 
demands of justice. The expenditures under this head, for 
the last six years, are as follows: 

1875 15244,773.70 

1876 227,380.98 

1877 239,321.65 

1878 201,722.97 

1879 208,836,20 

1880 126,697.79 

This table is based on the actual allowance by the 
Auditor of fee bills against the State, though the payment 
may have been made in the next year. If the laws shall be 
faithfully executed, there is no reason for an increase of 
expenditures. 



GOVERNOR JOHN SMITH PHELPS 83 

REVISION OF LAWS. 

The last Legislature performed a very important and 
arduous labor. The laws of this State, contained in the 
last revision and also embraced in about a dozen volumes of 
acts of the Legislature, passed since that time, were revised 
and digested in a manner which reflects great credit on our 
Legislature and the individuals having charge of the work, 
and would reflect great credit upon any legislative body. 
It is not to be expected that such a labor is perfect. No 
very important amendments to the law suggest themselves 
to me. Perhaps, however, some errors may have been dis- 
covered which will require amendments; if so, you will 
take the necessary steps to remedy them. Frequent changes 
of the important laws of the State are not desirable, but bad 
laws should be forthwith changed or repealed.' Where 
changes are numerous and frequent, it sometimes becomes 
difficult for the most skilled jurists to determine exa-ctly 
what the law is. The Legislature has provided, in order 
to enable our laws to be perfected, that it is the duty of 
the judges of the Circuit Court, the judge of the Court of 
Appeals and the judges of the Supreme Court, to make 
note of and report to the General Assembly all such omis- 
sions, uncertainties and incongruities in the statutory laws 
of this State as may come to their attention and which may 
be remediable by legislation. From this source, if there 
be any glaring or great defect in our laws, you will, no 
doubt, be apprised thereof early in the session. 

SUPREME COURT. 

The Supreme Court is burdened with business and 
must have relief. It is very gravely questioned whether 
adequate relief can be given to the court without an amend- 
ment of the Constitution. One proposition looks to an 
increase, permanently, of the number of judges; the other 
that those judges may be appointed for a limited time, and 
until the court shall catch up with its business, to be called 
commissioners, and if another like exigency shall occur, to 
again appoint three judges for a limited time. The last 



84 MESSAGES AND PROCLAMATIONS OF 

mentioned proposition has received the commendation of a 
convention of the members of the bar of this State. As 
this commission is to sit in conjunction with the Supreme 
Court, and to have transferred to it for adjudication such 
causes as the Supreme Court may deem proper, and as the 
object is to obtain the ablest jurists, I suggest that the 
Supreme Court shall nominate (and no nomination shall be 
valid unless made by four Judges of the Supreme Court) the 
persons to be members of the commission, to the Governor, 
and that he shall commission them. But it seems to me the 
same advantages can be obtained by the permanent addition 
to the Supreme Court of two additional judges; and by the 
time relief shall be given the business of the court will re- 
quire the additional judges; that the Supreme Court shall, 
from time to time, be organized in two divisions, composed 
of three judges each, the Chief Justice to designate the 
members of said division, and in case of emergency, sickness 
or inability of any member to act, he shall assign himself to 
one of the divisions, so as to bear his due proportion of 
labor. The court shall sit in bane whenever the constitu- 
tionality of a law shall be drawn in question; and in other 
cases of great importance, which may be defined in the 
proposition, a full court shall be held. By this means there 
will be, as with the commission, two tribunals in session at 
the same place and the same time, each organized to properly 
discharge its duties. But, while I prefer this method, thus 
briefly and perhaps not distinctly described, the necessity 
for relief is so great that if one measure cannot succeed, 
another should be adopted. 

SETTLEMENT WITH AUDITOR AND TREASURER. 

A committee was appointed by me, in 1878, in the 
manner required by law, to make settlement with the 
Auditor and Treasurer, and report the result of their exami- 
nation to the Legislature for action. The committee per- 
formed its duty. Their report was made to the Legislature, 
but the Legislature failed to approve it, either in whole or 
in part, and utterly failed to take definite action upon it. 



GOVERNOR JOHN SMITH PHELPS 



85 



Therefore, no settlement has been made with the Auditor 
and Treasurer for the two years ending on the 31st of De- 
cember, 1878. The committee appointed by me in Decem- 
ber last to make settlement with the Auditor and Treasurer, 
can have no authority from me to make settlement for the 
years 1877-78. The law provides: "The inquiries of the 
committee shall be limited to the two years next preceding 
the meeting of the General Assembly." I recommend 
proper measures be taken to make settlement with the 
Auditor and Treasurer for the two years ending on 31st of 
December, 1878. 

THE PENITENTIARY. 

For years prior to the commencement of my term of 
service as Governor, the management and conduct of the 
Penitentiary had been attended with great expense, and 
largely in excess of its earnings. For a long time past, and 
at the present time, the salaries of the Warden, officers and 
guards have been and are paid from the appropriation for 
the pay of civil officers. The words "support and mainte- 
nance" of the Penitentiary, as used in the appropriation 
act, include all expenses at the prison, except salaries and 
cost of erecting new buildings and other permanent im- 
provements. In this prison some persons are confined 
who have been convicted in the United States courts. But 
of prisoners convicted in the courts of this State, there has 
been a gradual diminution. The following table shows the 
number of prisoners convicted in the courts of this State, 
and in United States courts, confined in the Penitentiary 
on the 31st day of December, for the years named: 



Years. 


State. 


United 
States. 


Total. 


1874 . 


1.013 


56 


1,069 


1875 


1 257 


21 


1,278 


1876 


1,332 


14 


1,346 


1877 


1,276 


23 


1,299 


1878 


1,244 


50 


1,294 


1879 


1,238 


35 


1,272 


1880 


1,188 


30 


1,218 



86 MESSAGES AND PROCLAMATIONS OF 

The cost of maintaining the prison for the several 
years herein named, ending on the 31st of December in 
each year, is as follows: 
1872 $150,033.18 

i873v::::v.:v.::v/.v.:'.v.:::::::' 155,105.61 

1 g 7 4 In charge of Lesses 

Ig75 " 104,625.90 

Ig76 126 , 199 . 62 

1877 96,010.01 

1878::::::.':.'.'.;.'.'.'.'.'.''.'.'.'.''.'.'.' 51,951.52 

The exhibit for the two years, 1877-78, is not as 
favorable as it ought to be. A large amount of labor was 
bestowed on the court-house for the Supreme Court, and 
other labor for the State, for which no compensation was 
allowed. The earnings of the prisoners were expended for 
their support and maintenance during all the years above 
named. The proceeds of prison labor are as follows for 
the years mentioned: 
1876 $31,222.90 

187? ::::::::::.:: 71,371.41 

1878 92,279.98 

A portion of the earnings for the years 1877-78 were 
expended in buying horses, mules and implements of in- 
dustry, and other materials for the use of the prison. 
The business of the Penitentiary for the last two years 
shows an excess of earnings over the cost of maintenance, 
of $32,901.90. During that time the earnings were: 

1879 $108,160.28 

1880 103,456.75 



Total $211 ,617.03 

The cost of maintaining the Penitentiary was as follows: 

1879 $89,315,86 

1880 89,399.27 



Total $178,715. 13 

Of this balance of $32,901.90, $20,000 has been paid 
into the Treasury, $1,578.46 is in the hands of the Warden 
and $11,323.44 is in material bought by the Warden for 



GOVERNOR JOHN SMITH PHELPS 87 

the use of the prison, and now on hand. In addition there- 
to, there is a larger amount of property and material on 
hand at this time than there was two years ago, which has 
been purchased from the earnings of the prison. Much 
labor has been performed for the State in preparing the 
site and erecting a workshop thereon, and in the manu- 
facture of brick, of which there is a large amount on hand. 
From the results produced in the last four years, I have no 
doubt the able Warden and his faithful assistants can make 
the prison self-sustaining, including the salaries to be paid 
the Warden, the officers and guards. 

SCHOOL OF MINES. 

In January, 1875, the Board of Curators of the State 
University, not satisfied with the site previously selected 
for the School of Mines and Metallurgy, bargained with 
the Board of Education, at Rolla, for their school building 
and the tract of land on which it was situated. Prior to 
that date, the School of Mines had been located at Rolla, 
but, to obtain such location, the county of Phelps, amongst 
other things, had subscribed $75,000 in county bonds for 
the benefit of said school. The county loaned its credit 
in flagrant violation of the Constitution of the State. That 
instrument provided no county should lend its credit unless 
two-thirds of the qualified voters of such county, at a regular 
or special election, shall assent thereto. The judges of the 
county court of that county made the subscription without 
having the assent of the qualified voters of the county, and 
the Supreme Court, in 1874, held the bonds issued by said 
county were void. The school building was bought at the 
price of $25,000, $5,000 of which was paid at or about the 
time of the bargain, and a credit was given the State for the 
residue of the purchase money. The Board of Education 
of the city of Rolla made its deed to the State for the public 
school building and the land connected therewith. The 
Curators of the State University executed a deed to a trustee 
for the land sold to the State by the Board of Education, 
to secure the payment of five several promissory notes, each 



88 MESSAGES AND PROCLAMATIONS OF 

for the sum of $4,000, given to the said Board of Education, 
by the Curators, in their official capacity, payable respec- 
tively on the 27th days of January, 1876, 1877, 1878, 1879 
and 1880, with interest thereon, at the rate of six per cent, 
per annum. This deed purported to confer on the trustee, 
in default of the payment of the said several promissory 
notes, or any of them, authority to sell said real estate at 
public vendue, at the court house door in the city of Rolla, 
for cash, by giving sixty days public notice of the time and 
place of said sale, and to convey to the purchaser thereof 
the title to said property. In 1872 the Legislature directed 
there should be issued and delivered to the treasurer of 
the School of Mines and Metallurgy at Rolla, by the Gov- 
ernor, 35 State bonds, each for $1,000, with interest coupons 
at the rate of 6 per cent, per annum, payable semi-annually, 
and having 20 years to run. Those bonds were delivered 
to the treasurer of the School of Mines. The proceeds of 
said bonds were directed to be applied toward the erection 
and equipment of a suitable building for the School of Mines 
and Metallurgy, under the direction of the Board of Curators. 
It appears that, prior to the execution of the deed herein 
named, a contract in writing was made by committees 
representing the said Board of Education and the Board 
of Curators of the University. That contract was ratified 
and approved by the respective boards, and in pursuance 
thereof the deeds were made and executed. In the con- 
tract thus approved it was stipulated the Board of Curators 
might take up the notes, agreed to be given by the Curators, 
at any time before the maturity thereof, on the payment 
of the principal and the interest due, either in cash or in 
the bonds of the Board of Education of the city of Rolla, 
at their par value, or in both cash and bonds. The Board 
of Education had issued $35,000 in bonds, with the pro- 
ceeds of which the school building, sold as stated, was 
erected. Some payments have been made by the Curators 
on the notes given by them to the Board of Education, but 
I am unable to state the precise amounts or dates of pay- 
ments; and none of the notes or bonds given by the Board 



GOVERNOR JOHN SMITH PHELPS 89 

of Education have been paid by the Curators. The deed 
of trust of the Curators conveys no title, as that board of 
officers had no authority to make such a conveyance; no 
authority to mortgage or encumber the building which 
had been conveyed to the State. It is alleged the Curators 
have expended all the money arising from the sale of said 
bonds, and the interest which accrued before sale, (no in- 
considerable sum), towards the erection and equipment of a 
suitable building for said School of Mines, and have not 
yet paid for the building. The Board of Education of 
Rolla desire to receive the money promised to be paid them 
for their school building. Conceding the proceeds of the 
State bonds have in part been misapplied, the State has 
no adequate remedy. Under these circumstances, I advise 
the amount due to the Board of Education of Rolla be 
ascertained, appropriated and paid to the proper party, 
and the notes be canceled and filed in the office of the State 
Auditor. 

REPAIRS OF THE CAPITOL. 

The last Legislature appropriated the sum of $12,000 
for repairs of the State Capitol. This money has been 
expended in making new ceilings for one hall and repairing 
the ceiling of the other, repairing the roof, the walls and 
the rooms in the basement, and giving to the building 
suitable and proper drainage, repairing the porch, the steps 
to the same, and the walk thereto. In addition to this, 
new window sash and glass have replaced the old, and much 
labor has been bestowed on the cupola. In my opinion this 
work has been judiciously and economically performed by 
Mr. Fred. Binder, who was appointed by those having 
charge of the expenditure of the money to superintend the 
work. Several rooms in the basement have been repaired 
in such manner that there is a stratum of air between the 
walls and the plastering. This prevents moisture from 
accumulating and standing upon the walls, as it does in 
other rooms of the building, where the plastering has been 
placed directly upon the walls. These rooms are dry, 
healthy and easy of access, and will make convenient com- 



90 MESSAGES AND PROCLAMATIONS OF 

mittee rooms for the Legislature, and if they shall be used 
as such, the contingent expenses of the Legislature will be 
thereby reduced. 

WAR CLAIMS. 

The United States re-imbursed this State for expenses 
it had incurred and paid in the suppression of the rebellion, 
to the 17th day of April, 1866. But at that date there were 
laws authorizing further payments to those who performed 
military services during the war; and to enable the State 
government to discharge its liability to them, and for sup- 
plies, etc., furnished, money was appropriated and paid 
by the State. The State, after the date mentioned, did 
pay to its militia the sum of $319,876.11 for services rendered 
in suppressing the rebellion, as appears by the vouchers 
in the office of the State Auditor. An act of Congress was 
approved in January, 1879, directing the Secretary of the 
Treasury to investigate, consider and examine the evidence, 
vouchers and records relating to said payments, on file 
in his department and which might be filed by the State, 
and to report to Congress the amount which shall appear 
to be justly due this State. I directed Adjutant-General 
Mitchell to examine the records of his own office, and, with 
the State Auditor and Treasurer, the records of their respec- 
tive offices and have copies of all vouchers he deemed neces- 
sary to support our claim, prepared and duly certified, to be 
used in support of the demand of the State, and to proceed 
with them to Washington and endeavor to have a hearing 
and settlement of this claim. The Auditor entrusted to 
him the original vouchers in his office, to be carried to 
Washington in order that the accounting officers of the 
Treasury might examine and compare them with the certified 
copies, if it should be desired. The department claimed 
the original vouchers ought to be filed in support of the 
claim, but Gen. Mitchell was instructed to refuse a com- 
pliance with this request, for the reason the original papers 
entrusted to him were records of the public offices of this 
State, and whilst the custodian of them might produce 
them for examination, he had no authority to so place them 



GOVERNOR JOHN SMITH PHELPS 91 

that their possession could not be regained at any moment 
by the proper officer. Those papers are a part of the public 
records, and can only be withdrawn from their custodian 
by law. Gen. Mitchell discharged his duty in this regard 
as far as it could be performed, and on his return he made 
a report to me of his action in the premises. To avoid 
any further delay in the adjustment of our claim I advise 
provision be made to deliver the original vouchers to the 
Treasury department, provided the certified copies of 
them be returned to replace the originals. 

MILITIA. 

There are now 35 companies of militia duly organized 
and properly armed. Of these, 3 companies of infantry 
are of colored persons 2 in St. Louis and one in Kansas 
City. There is one company of cavalry and one battery, 
both in the City of St. Louis. The remaining 30 companies 
of infantry are organized in different portions of the State. 
All the troops are well drilled, and in a good state of disci- 
pline, and will compare favorably with the militia of any 
other State. I had hoped to be able to inform you that 
the Police Reserves had entered the militia service and been 
duly organized as a part of that force. The Police Reserves 
occupy an anomalous position. Organized as a military 
force, and armed by the State, no one holds a commission 
as an officer thereof, and no officer of that force what- 
ever his rank can command the lowest officer or any 
member of the militia. The zeal and public spirit mani- 
fested by the officers and men of the militia is highly com- 
mendable, and entitles them and their requests to a partial 
hearing by you. Two battalions are organized in the City 
of St. Louis and two in the City of St. Joseph, and the 
total of the rank and file numbers 1,930 men. 

FISH CULTURE. 

Provision was made in 1877 for the establishment of a 
commission whose duty it was to act in conjunction with 
the commissioner of the United States in stocking the 



92 MESSAGES AND PROCLAMATIONS OF 

waters of this State with such fishes as they may consider 
best adapted to furnish cheap and nutritious food. A 
small sum of money was appropriated for this purpose. 
The last Legislature provided for three commissioners to 
discharge this duty. All the commissioners serve without 
compensation, and they were authorized to buy or lease a 
suitable location and erect a hatching house thereon. Three 
thousand dollars per annum were appropriated for this 
purpose, and to defray other expenses to be incurred by the 
commissioners in the discharge of their duties. In my 
opinion, the money has been judiciously expended. A 
hatchery has been established and properly prepared, from 
which fish will be taken and placed in the streams of water 
in this State. A report from the commissioners, it is ex- 
pected, will soon be placed before you. 

LUNATIC ASYLUM AT ST. JOSEPH. 

During the session of the last Legislature, the Lunatic 
Asylum at St. Joseph was destroyed by fire. Temporary 
provision was made for the support of the patients, and the 
county of Buchanan, with commendable generosity, set 
apart a portion of its large and commodious court house 
to be occupied by the patients. The building thus destroyed, 
with its site, furniture and equipment, had cost the State 
more than $300,000. The sum of $75,000 only was ap- 
propriated by the Legislature for rebuilding the asylum 
on the site of the one destroyed, and for refurnishing it. 
The damaged material from the burned building, which 
could be used, was used in the rebuilding, and the residue 
was disposed of, realizing about $2,000 from the sale. The 
law required me to appoint three commissioners to carry 
its provisions into effect. I appointed Dr. Geo. C. Catlett 
and Messrs. A Kirkpatrick and A. C. Dawes, as such com- 
missioners, whose services were rendered without compensa- 
tion, and their duties were faithfully and efficiently per- 
formed. Their estimate of the work and payment there- 
for were submitted to me and received my approval. There 
are rooms in the fourth story of the building not yet com- 



GOVERNOR JOHN SMITH PHELPS 93 

pleted. The former building was intended to accommodate 
only two hundred patients, while the new asylum will 
accommodate three hundred patients. One of the com- 
missioners makes the following brief statement: "This 
building is greatly superior to the former one in affording 
one-third more accommodation as well as a more comfortable 
home for the insane. It is well protected against the dangers 
of fire, and has ample ways of ingress and egress. The 
improved reconstruction has greatly diminished the diffi- 
culties of management." 

NATIONAL BANK OF COMMERCE. 

When I entered on the discharge of my official duties, 
I found the National Bank of Commerce, in the City of 
New York, had been previously selected and then was the 
agent of the State for the payment, of the interest on the 
bonded debt of the State, payable in said city. The com- 
pensation formerly paid to this bank for the redemption 
of the interest coupons was one-fourth of one per cent. 
By an act of the Legislature, approved March 10, 1872, 
it was provided the commission to be allowed for these 
services should not exceed one-tenth of one per cent. From 
the date aforesaid to the present time that bank has paid 
the interest coupons, payable in New York, and redeemed 
bonds of this State as they have been called in, with the 
money of the State deposited with it for that purpose. 
For several years past, money has not been appropriated 
to pay said bank for its services, and its account against 
the State since 1872 remains unadjusted and unpaid. I 
recommend provision be made to pay the bank for the serv- 
ices it has rendered the State. The last Legislature was 
informed of the condition of this demand by the Fund 
Commissioners, but failed to make any provision for its 
payment. 

BOARD OF HEALTH. 

The Government of the United States has established 
a National Board of Health, and some of the States have 
established Boards of Health to co-operate with it. The 



94 MESSAGES AND PROCLAMATIONS OF 

object of such organizations is to obtain the active co- 
operation of the medical profession in making sanitary 
investigations and inquiries respecting the causes of disease, 
and especially epidemics, the causes of mortality, and the 
influences of locality, employment, habits and other circum- 
stances and conditions, upon the health of the people. 
No member of the State Board of Health should receive 
compensation from the State for his services, except the 
secretary, who should receive a reasonable salary, and a 
small additional sum will be required for stationery, print- 
ing, etc. I hope such an organization will be authorized, 
and the proper sum appropriated for its support. 

CONCLUSION. 

And now, as I am about to return to private life, I 
can say that during my official career, in whatever position 
I may have served, I have endeavored faithfully to dis- 
charge the duties which devolved on me, and have sought 
to promote the prosperity and welfare of the people of this 
great commonwealth. My administration of the laws of 
this State is a part of its history. It is spread out before 
the people for their observation, and to their judgment I 
cheerfully submit the record I have made. 

JOHN S. PHELPS. 

Executive Office, Jefferson City, Mo., Jan., 1881. 



GOVERNOR JOHN SMITH PHELPS 95 



VETO MESSAGES 



TO THE HOUSE OF REPRESENTATIVES 

MARCH 30, 1877 
From the Journal of the House of Representatives, pp. 689-691 



I return to the House of Representatives, in which it 
originated, without my approval, a bill entitled "An act 
supplementary to an act entitled an act to repeal an act 
entitled an act to more fully provide for the organization 
of counties into municipal townships, and to further pro- 
vide for the local government thereof, and repealing all 
former acts relating thereto, approved March 24, 1873, and 
also to repeal all acts amendatory of said act," approved 
March 5, 1877. 

By the first section of the bill, the term of office of 
county and township officers is extended in those counties 
which have adopted township organization. 

This law was enacted in 1873 justices of the peace 
and the assessor of the township compose the township 
board of directors; justices of the peace and constables hold 
their offices for two years, and the other township officers 
for one year, and judges of the county court for four years. 

Justices of the peace and two judges of the county court 
are to be elected this year, one from the county at large and 
the other from a district. If there shall be vacancies in 
township offices, the township board of directors is em- 
powered to fill those vacancies. 

Such, in brief, is the law relating to the election and 
tenure of township offices and judges of the county courts 
in counties which have adopted township organization, and 
as a general rule all officers hold office not only during their 
official terms, but also till their successors shall be duly 
elected and qualified. 



96 MESSAGES AND PROCLAMATIONS OF 

But the Constitution provides, section 8, article 14, 
"nor shall the term of any office be extended for a longer 
period than that for which such officer was elected or ap- 
pointed." 

The evil sought to be avoided by the framers of our 
Constitution was to prevent the enactment of laws by which 
the term of office of any incumbent should be extended 
beyond the period for which said officer had been elected 
or appointed. In the absence of the provision of the Con- 
stitution cited, or of a similar provision, terms of office 
might have been extended by the Legislature in two 
methods: 

First By enacting the term of office shall be extended 
for the time named in the law. 

Second By repealing the law providing for the elec- 
tion of his successor, but not abolishing the office. 

Each method would be equally efficient to prolong 
the term of service of the incumbent, and each method 
would extend the term beyond the period for which the 
incumbent had been elected or appointed. 

Prosecuting attorneys are biennially elected, the term 
of service being for two years and until their successors shall 
be elected and qualified. Suppose a bill should be passed 
providing no prosecuting attorney shall be elected at the 
general election in 1878, provided nothing in said act shall 
be so construed as to prevent those now in office from hold- 
ing their offices, would not the term of service of prosecuting 
attorneys be extended for a longer period than that for 
which such officer was elected? And would not such legisla- 
tion be in violation of the Constitution? 

But one answer can be made in the case supposed: 
Such legislation would be unconstitutional, and does it 
matter whether the term of office is prolonged by the Legisla- 
ture a few weeks or for two years? Does the period of time 
it is proposed to extend the official term determine its 
constitutionality? Any extension of the term of office is 
prohibited by the Constitution. 



GOVERNOR JOHN SMITH PHELPS 97 

The first section of the bill under consideration pro- 
vides "No election shall be held in any township in any 
county in this State under township organization on the 
first Tuesday in April, 1877, for township officers, nor for 
members of the county court: Provided, That nothing in 
this act shall be so construed as to prevent township officers 
now in office from holding their offices until the act to which 
this act is supplementary shall go into effect." 

The act of March 5, 1877, provides all laws for the 
organization of counties into municipal townships, and to 
further provide for the local government thereof, are re- 
pealed. But this act will not go into effect until the period 
fixed by the Constitution, viz.: ninety days after the ad- 
journment of the Legislature. Then the term of office of 
some township and county officers will be extended, if the 
bill under consideration shall become a law, or ninety days 
after the adjournment of the Legislature. 

The extension of the term of office will be accomplished 
by the repeal of the law providing for the election of officers, 
and if such repeal of the law providing for the election of 
officers, and thereby extending the term of service of officers 
is constitutional, then the term of service of every officer 
in the State may be prolonged and extended, simply by a 
repeal of the law providing for the election of their successors. 

I cannot approve of the bill, because it is proposed to 
extend the term of office of many officers for a longer period 
than that for which such officers were elected, and there- 
fore it will violate the Constitution, hence I return the bill 
to you with my objections to the same. 

Very respectfully, 

JOHN S. PHELPS. 
Executive Mansion, March 30, 1877. 



98 MESSAGES AND PROCLAMATIONS OF 



TO THE HOUSE OF REPRESENTATIVES 

APRIL 4, 1877 
From the Journal of the House of Representatives, pp. 753-754 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

April 4, 1877. 

Representatives: 

A bill has been presented to me for my approval, which 
originated in the House of Representatives, and is entitled 
"An act to amend section 82, chapter 34 of the General 
Statutes of Missouri." 

The title of this law is "Of counties and county 
boundaries," and by it the names of the counties are given 
and their boundaries defined. 

The bill under consideration is as follows: 

"Section 1. That section 82 of chapter 34 of the 
General Statutes of Missouri be and the same is hereby 
amended so as to read as follows: Section 82. Beginning 
at the northwest corner of section one (1), township twenty- 
three of range twenty-nine; thence south with the sub- 
divisional line to the south boundary line of the State; 
thence west with the State line between townships twenty- 
three and twenty-four; thence east with township line 
between townships twenty-three and twenty-four to the 
place of beginning: Provided, That McDonald county shall 
have no claims against the county of Barry for taxes here- 
tofore collected on any personal property or real estate, 
or any of the land that may now become in McDonald 
county under the provisions of this act." 

Section 82 is as follows: "Section 82. McDonald 
Beginning on the west boundary line of the county of Barry, 
as defined by an act approved February 24, 1849, entitled 
'An act to define the western boundary line of Barry county,' 
at a point on said line between townships twenty-three and 
twenty-four of range number twenty-nine west; thence 



GOVERNOR JOHN SMITH PHELPS 99 

west along said township line to the western boundary line 
of the State; thence south with said boundary line to the 
south-west corner of the State; thence east to the State line 
between the States of Missouri and Arkansas, to the south- 
west corner of Barry county, where the line as defined by 
the act aforesaid, intersects the southern boundary line 
of the State; thence north on the said western boundary 
line of Barry county to the place of beginning." 

In the law the name of the county is given. 

In the section it is proposed to amend, in the bill under 
consideration, the name of the county is omitted. 

The bill under consideration is local, and strikes off 
a part of Barry county and adds it to the county of Mc- 
Donald. 

The Constitution, section 54, article 4, provides: "No 
local or special law shall be passed, unless notice of the 
intention to apply therefor shall have been published in the 
locality where the matter or thing to be affected may be 
situated, etc." And "the evidence of such notice having 
been published, shall be exhibited in the General Assembly 
before such act shall be passed, and the notice shall be 
recited in the act according to its tenor." 

This Legislature has prescribed how notices of inten- 
tion to apply for local and special laws shall be published, 
but the Legislature has not recited in this act the notice 
according to its tenor, as is required. 

The bill under consideration strikes off a part of the 
county of Barry, and adds the same to the county of Mc- 
Donald, which adjoins the first named county. 

But section 4 of article 9 of the Constitution provides: 
"No part of the territory of any county shall be stricken 
off and added to an adjoining county without submitting 
the question to the qualified voters of the counties im- 
mediately interested, nor unless a majority of all the qualified 
voters of the counties thus affected, voting on the question, 
shall vote therefor." 



100 MESSAGES AND PROCLAMATIONS OF 

No election has been held in accordance with the pro- 
vision of the Constitution in either of the counties of Barry 
and McDonald, for there is no law authorizing such election. 

Because no notice has been given of the intention to 
apply for the passage of the law under consideration, and 
because the question of striking off a portion of the county 
of Barry and adding it to the county of McDonald, has 
not been submitted to the qualified voters of the counties 
immediately interested, and received a majority of the votes 
therefor, I withhold my approval of said bill, and return 
the same to you for further consideration. 

Very respectfully, 

JOHN S. PHELPS. 



TO THE SENATE 

APBTL 4, 1877 
From the Journal of the Senate, pp. 354-355 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 
MISSOURI, April 4, 1877. 

Senators: 

I return to you, without my approval, a resolution 
entitled Joint and concurrent resolution in regard to cancel- 
ing vouchers and receipts in the Auditor's office, and destroy- 
ing wolf-scalp certificates and Auditor's warrants in Treas- 
urer's office. 

This resolution provides: "That the committee ap- 
pointed by the Governor to settle with the State Auditor 
and State Treasurer be instructed to have canceled under 
their immediate supervision all vouchers and receipts in the 
Auditor's office which they have examined and passed on, 
and to destroy all Auditor's warrants and wolf-scalp certifi- 
cates found paid and examined and passed upon by said 
committee; and also, to destroy the old Auditor's warrants 
that have failed to be destroyed, as provided by law, to- 
gether with other worthless papers that have accumulated 



GOVERNOR JOHN SMITH PHELPS 101 

in the office of the State Treasurer, as shown by said com- 
mittee in their report." 

The general law provides (2d Wagner's Statutes, p. 
1340, sec. 54) that if the settlement made by the committee 
with the Auditor and Treasurer shall be approved by the 
Legislature, proper entries of the settlement shall be made, 
certain vouchers shall be canceled, and that the warrants 
on the Treasury for which the committee in the settlement 
have given credit to the Treasurer, shall be burned. The 
general law does not authorize the destruction of wolf- 
scalp certificates, nor can they be lawfully destroyed unless 
a proper law for that purpose shall be enacted. 

If the settlement made by the committee has been 
approved by the Legislature, the cancellation of the vouchers 
and burning of the warrants will take place by virtue of the 
provisions of the law above cited; but the wolf-scalp certifi- 
cates have been redeemed by the late Treasurer with cash, 
received by the present Treasurer as cash, and the Treasurer 
is entitled to a credit for the same. The late Treasurer 
in his report, page 8, states: 'The cash balance in the 
Treasury is composed of the following items, and amongst 
those items is the sum of $4,484.50 in wolf-scalp certificates. 
These certificates should be destroyed, and the Treasurer 
receive a credit therefor. But the general law does not 
authorize their destruction, and hence until the Legislature 
shall direct their destruction, they must be preserved. But 
the Legislature has, by the resolution which I return to you, 
declared its desire for their destruction, and that the 
Treasurer shall receive a proper credit therefor. But can 
the Legislature, by a joint or concurrent resolution, authorize 
this to be done? I concur with the Legislature in the opinion 
these certificates ought to be destroyed, and the Treasurer 
should receive a credit therefor. But I differ in opinion 
with the Legislature in the manner this authority shall be 
given. 

The Legislature has declared it shall be done by a 
resolution, declaring: "Be it resolved by the Senate, the 
House of Representatives concurring therein," whilst I 



102 MESSAGES AND PROCLAMATIONS OF 

believe this authority shall be given by a bill, conforming 
to the Constitution, which declares: "The style of the 
laws of this State shall be: 'Be it enacted by the General 
Assembly of the State of Missouri as follows:' " 

In other words, the Executive is of opinion this authority 
cannot be given by a joint or concurrent resolution, but 
must be given by a law, with the proper enacting clause, 
and he is further confirmed in this opinion by the provision 
of the 14th section, article 5 of the Constitution. This 
section provides: "Every resolution, to which the con- 
currence of the Senate and House of Representatives may 
be necessary, except on questions of adjournment, of going 
into joint session, and of amending this Constitution, shall 
be presented to the Governor, and before the same shall take 
effect shall be proceeded upon in the same manner as in 
the case of a bill: Provided, That no resolution shall have 
the effect to repeal, extend, alter or amend any law," and 
because the resolution under consideration is in conflict 
with said proviso, and does extend and alter the laws of 
this State, I am compelled to withhold my approval of the 
same. 

Very respectfully, 

JOHN S. PHELPS. 



TO THE SENATE 

APRIL 5, 1877 
From the Journal of the Senate, p. 367 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

April 5, 1877. 
Senators: 

I return to the Senate, in which it originated, An act 
concerning notaries public, without my signature. 

This bill provides for the appointment of notaries 
public, and prescribes their term of office and duties. No- 
taries public are appointed fpr counties; their duties are 
to be performed within the county for which they are 



GOVERNOR JOHN SMITH PHELPS 103 

appointed; they are county officers, and the term of office 
must be prescribed by law. The 14th section, 9th article 
of the Constitution provides: the term of county, township 
and municipal officers shall not exceed four years, unless 
otherwise directed by our Constitution. The term of 
notaries is not otherwise fixed by the Constitution, and, 
hence, cannot exceed four years. This bill fixes the term 
of office of notaries public at six years, and is therefore in 
conflict with our Constitution. Hence I disapprove of the 
bill 

Very respectfully, 

JOHN S. PHELPS. 



TO THE HOUSE OF REPRESENTATIVES 

APRIL 6, 1877 
From the Journal of the House of Representatives, pp. 785-787 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFEFSON, 

April 6, 1877. 

Representatives: 

The bill entitled "An act to appropriate money," 
which originated in the House of Representatives, has been 
presented to me for my approval. 

The 6th section of this bill appropriates money for the 
support of the eleemosynary and educational institutions 
of the State for the years 1877 and 1878. I object to the 
following described portion of the 6th section of the bill, 
viz: "Third. For the support of the St. Louis County 
Insane Asylum, seventy thousand dollars ($70,000)," and 
I approve the residue of this bill. 

The 46th section, 4th article of the Constitution, reads 
as follows: 

"The General Assembly shall have no power to make 
any grant, or to authorize the making of any grant of public 
money or thing of value to any individual, association of 
individuals, municipal or other corporations whatsoever 



104 MESSAGES AND PROCLAMATIONS OF 

Grants of public money or things of value are prohibited 
from being made to individuals, association of individuals, 
to municipal corporations, or to any other corporation 
whatsoever. And this prohibition of power to the Legisla- 
ture is expressed in as strong, imperative and unambiguous 
language as can well be used. 

This grant of money is made for the support of the 
St. Louis County Insane Asylum. But there is no corpora- 
tion of that name, nor is there any such asylum now owned 
by the county of St. Louis. The county of St. Louis had 
authority for that purpose, and did establish a lunatic 
asy l um _ see Session Acts, 1867, p. 105, and Session Acts, 

1870, p. 452. 

And by an act entitled "An act to provide for and 
maintain the St. Louis County Insane Asylum," approved 
in 1872, it is declared the county of St. Louis has erected 
an insane asylum, etc., and for its further support, the 
advancement of its interests, and the humane objects 
contemplated by its establishment, the sum of $15,000 
annually was appropriated by the Legislature, payable 
semi-annually, on the requisition of the county court of 
said county, and the warrant on the treasury was to be drawn 
in favor of said county court, and by an act passed in 1875, 
instead of the above named sum of money, the sum of 
$25,000 annually was donated, to be paid from the State 
treasury semi-annually, on a warrant drawn in favor of the 
county court of said county. These acts of the Legislature 
are referred to show that at that time the Insane Asylum 
in the county of St. Louis was the property of the county of 
St. Louis, and that the moneys appropriated for its support 
by the State were appropriated for the benefit of and payable 
to the county of St. Louis. 

These appropriations were made whilst a former Con- 
stitution of our State was in force, and which did not pro- 
hibit the Legislature from granting money to counties for 
such purposes. There is no law by which the State has 
any control over that beneficent institution. It was con- 
trolled and governed, and its officers were appointed by 



GOVERNOR JOHN SMITH PHELPS 105 

the county court of St. Louis county. It was not a State 
institution; patients from other counties than St. Louis 
were not permitted to share in its benefits and blessings. 
This asylum was clearly and exclusively a county and not 
a State asylum. Suppose this portion of the appropriation 
bill to which I object, shall become a law, to whom will the 
moneys named be payable? In whose favor will a warrant 
be issued? who can receipt for the same? The warrant 
would be drawn in favor of St. Louis county, and the agents 
of St. Louis county would receipt for the same; in other 
words, the money is payable to the county of St. Louis, 
and to no one else, and the appropriation of this $70,000 
is a grant of the money to the treasury or grant of public 
money to the county of St. Louis, a municipal corporation 
of the State. 

But there is another view to be taken of this proposed 
appropriation. The county of St. Louis has not an Insane 
Asylum. It did have such an institution, but when the 
scheme, by which the city was separated from the county 
of St. Louis was adopted, the Insane Asylum of St. Louis 
county was "transferred and made over to the city of St. 
Louis." (See section 10 of scheme.) Hence there is no 
such institution as that described in the appropriation bill, 
to receive the grant or donation of money. 

I admit the appropriation is intended for a humane and 
worthy object, one which strongly appeals to our sympathy 
and philanthropy. But we appropriate already $140,525 
for the support of the two Lunatic Asylums, and the sum 
of $276,150 for the support of the eleemosynary institutions 
of the State, and estimating one-fourth of the State revenue 
at $365,000 per annum, we appropriate the sum of $833,000 
for educational purposes, making for educational and 
charitable purposes the sum of $109,150 for the two years, 
whilst the total appropriation, payable out of the revenue 
fund, including the appropriation under consideration, is 
the sum of $2,658,453, and if we deduct from this sum the 
$70,000, it will leave the sum of $2,588,453 as the total 
amount payable out of the revenue fund. Thus we devote 



106 MESSAGES AND PROCLAMATIONS OF 

nearly four-ninths of the revenue fund of our State to educa- 
tion and eleemosynary objects. 

But this is not a question of sympathy or humanity, 
it is a question of power. Has the Legislature the authority, 
under the Constitution, to make this appropriation? The 
thing proposed to be done is to make a grant of public 
money to a municipal corporation, and because the General 
Assembly is prohibited from making such a grant to any 
individual or municipal corporation, I object to the ap- 
propriation which I have indicated, and I have appended 
to said bill, at the time I signed the same, the following 
statement: "I object to the following described portion 
of the sixth section of this bill, viz: 'Third For the support 
of the St. Louis county Insane Asylum seventy thousand 
dollars, $70,000. "I approve the residue of this bill." 

Very respectfully, 

JOHN S. PHELPS. 



TO THE HOUSE OF REPRESENTATIVES 

APEIL 21, 1877 
From the Journal of the House of Representatives, pp. 99%-L 



STATE OF MISSOURI, EXECUTIVE DEPABTMENT, CITY OF JEFFERSON, 

April 21, 1877. 
Representatives: 

I have carefully considered a bill which originated in 
the House of Representatives, entitled "An act to repeal 
an act entitled an act amendatory of an act entitled an act 
to incorporate the town of New Haven, in the county of 
Franklin, approved March 20, 1861," and return the same 
to you without my approval. 

The bill under consideration is local and special; the 
title as well as the text of the bill shows it as a bill to change 
the charter of an incorporated town. The Constitution, 
article 4, section 53 provides, "The General Assembly shall 
not pass any local or special law **** incorporating cities, 
towns or villages, or changing their charters," 



GOVERNOR JOHN SMITH PHELPS 107 

If the Legislature can change the charter of one munici- 
pal corporation in any particular, it may change the charter 
of all municipal corporations by special laws and in many 
particulars. The Constitution, article 9 5 section 7. declares: 
"The General Assembly shall provide, by general laws, for 
the organization and classification of cities and towns. The 
number of such classes shall not exceed four, and the power 
of each class shall be defined by general laws, so that all 
such municipal corporations of the same class shall possess 
the same powers, and be subject to the same restrictions. 
The General Assembly shall also make provisions by general 
law, whereby any city, town or village, existing by virtue 
of any special or local law, may elect to become subject to 
and be governed by the general laws relating to such cor- 
porations." 

The Constitution provides there shall be four classes 
of municipal corporations, and permits the inhabitants of 
each to remain under its present and existing charter, with- 
out any change, or they may elect to be subject to and be 
governed by the general law relating to such corporations. 
Because the bill proposes to change the charter of the town 
of New Haven, in violation of the provisions of the Con- 
stitution, I withhold my assent from the bill. 

Very respectfully, 

JOHN S. PHELPS. 



TO THE HOUSE OF REPRESENTATIVES 

APRIL 21, 1877 
From the Journal of the House of Representatives, p. 994 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

April 21, 1877. 
Representatives: 

I return to the House in which it originated a bill, 
entitled "An act to repeal a part of sections 2 and all of 
section 17 of an act entitled an act to establish 1he Watson 
Seminary, approved January 25, 1847," without my approval 



108 MESSAGES AND PROCLAMATIONS OF 

The act of 1847 referred to is a charter of incorporation 
for the maintenance and government of a school by the 
corporate name of the "Watson Seminary," in the county 
of Pike. The bill proposes to amend the act of incorpora- 
tion by repealing one section and part of another section 
of said act. 

This is clearly in violation of the provision of the Con- 
stitution. Article 4, section 53, provides: "The General 
Assembly shall not pass any local or special law * * * 
creating corporations, or amending, renewing, extending or 
explaining the charter thereof." 

The object of this bill appears to be to repeal that part 
of said charter which provides that fines, penalties and 
forfeitures accruing to the county of Pike shall be applied 
to the increase of permanent fund of said seminary. It 
appears to me that provision of said charter is abrogated 
by the provisions of the 8tb section of llth article of the 
Constitution, which provides the clear proceeds of all 
penalties, forfeitures and fines collected in the several 
counties shall be securely invested and sacredly preserved 
in the several counties as a county public school fund. 

But whether this opinion be correct or not, as the bill 
conflicts and is in violation of the Constitution, I cannot 
approve of the bill. 

JOHN S. PHELPS. 



TO THE HOUSE OF REPRESENTATIVES 

APRIL 27, 1877 
From the Journal of the House of Representatives, pp. 1109-1110 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

April 27, 1877. 

Representatives: 

I return to the House in which it originated a bill 
entitled "An act to amend chapter 63 of the General Statutes 
of 1865, by adding three sections thereto, providing a penalty 
for violating the provisions of section 15, article 12 of the 
Constitution." 



GOVERNOR JOHN SMITH PHELPS 109 

The second section of this bill, called section 52, is as 
follows: "Any transfer of stock in any such corporation, 
made outside of this State since the adoption of the present 
Constitution, shall be held invalid, and shall not authorize 
the holder thereof to vote thereon, if called in question by 
any party interested, until such transfer is actually made 
upon the books of the company in this State, and such trans- 
fer shall be made at least thirty days before the person claim- 
ing to hold the same shall be permitted to vote thereon at 
any meeting of the stockholders of the corporation, and 
any stockholder offering to vote such stock, or any part 
thereof, at any election held by such corporation for directors 
or other officers, in violation of this section, shall forfeit 
the right to vote the same at any election of officers of such 
corporation for the space of two years." 

This section declares transfers of stock in any railroad 
company doing business in this State, which have been 
made elsewhere than in this State, since the adoption of our 
Constitution, shall be held invalid that is. void. The 
Constitution of this State was adopted on the 30th day of 
October, 1875. In the Schedule to the Constitution it is 
declared: "This Constitution shall be submitted to the 
people of this State for adoption or rejection at an election 
to be held for that purpose only on Saturday, the 30th day 
of October, 1875." The Constitution became the Supreme 
law of this State on the 30th day of November, 1875. 

By this section of the bill under consideration it is 
declared all transfers of stock in any railroad company 
doing business in this State, whether specially incorporated 
by the Legislature of this State or organized under the 
general incorporation law of this State, or incorporated 
under and by the laws of any other State, shall be held 
invalid void if made at any time since the 30th day pf 
October, 1875, unless such transfers of stock were made 
in this State; and it is specially provided in this bill that the 
holder of such stock shall not vote such stock if called in 
question by any party, unless such transfer shall have been 
made on the books of the company in this State at least 



110 MESSAGES AND PROCLAMATIONS OF 

thirty days before he shall offer to vote such stock at any 
meeting of the stockholders. And it is further provided 
in this section that if any stockholder shall offer to vote 
such stock (that is, stock transferred outside of this State 
since 30th October, 1875), he shall forfeit the right to vote 
such stock for the space of two years at any election of 
officers of such corporation. 

The Constitution of the United States provides no 
State shall pass any law impairing the obligation of con- 
tracts. 

The 15th section of the bill of rights of our Constitu- 
tion is as follows: 

"That no ex post facto law or law impairing the obliga- 
tion of contracts or retrospective in its operation * * * * 
can be passed by the General Assembly." 

This bill is in conflict with both the Constitution of the 
United States and of this State in this: that it impairs the 
obligation of contracts by declaring contracts which were 
valid when they were made shall be held invalid. 

No one will assert there was any semblance of law in 
force from the 30th day of October to the 30th day of No- 
vember, 1875, which required transfers of stocks in the rail- 
roads doing business in this State to be made in this State. 

Transfers of stock in the railroads doing business in 
this State are valid if made in accordance with the by-laws 
and regulations of their respective companies, whether made 
in this or any other State, and yet this bill declares all such 
transfers of stock made in accordance with law shall be 
held invalid if made elsewhere than in this State. The 
bill is retrospective in its operation, for if it shall become a 
law it will impair the rights of the holders of stock in roads 
doing business in this State, if the transfers of stock were 
made outside of this State and in accordance with all laws 
in force at the time such transfers were made. 

For the reasons thus briefly given, I refuse to approve 
said bill. 

JOHN S. PHELPS. 



GOVERNOR JOHN SMITH PHELPS 111 

VETO RECORDED WITH THE SECRETARY OF 

STATE 

MAY 12, 1877 
From the Journal of the Senate, pp. 615-616 



Hon. M. K. McGrath, Secretary of State: 

Sir I return to you a bill entitled "An act directing the 
State Board of Equalization to assess, adjust and equalize 
the railroad property in the State of Missouri, for the years 
1876 and 1877," which was presented to me within the 
ten days prior to the adjournment of the General Assembly, 
without my approval. The bill proceeds upon the idea 
that it was the duty of the State Board of Equalization at 
its session in 1876 to assess, adjust and equalize the railroad 
property in the State liable for taxation for the year 1876, 
and the State Board of Equalization neglected and failed 
to discharge its duty; and the bill seems specially to require 
the State Board of Equalization shall, at its regular session 
in 1877, assess the railroad property in this State liable to 
taxation for 1876. 

"The preamble of an act is the recital by way of in- 
troduction or inducement to the enacting part, of the reasons 
on which the enactment is founded. The preamble of a 
public statute recites the inconveniences which it proposes 
to remedy * * * or the advantages it proposes to effect." 
Now, the preamble to this bill declares, "whereas the State 
Board of Equalization did not at its annual meeting in the 
year 1876, assess, adjust and equalize the railroad property 
in the State liable to taxation for the year 1876; and, where- 
as, the railroad companies have not paid any tax for said 
year, therefore." The preamble is true; the State Board of 
Equalization did not, at its meeting in 1876 assess, adjust 
and equalize the railroad property in this State for the year 
1876, and it did not do so because the law did not require 
it to be done, and if the Board of Equalization had^done so, 
it would have usurped authority and acted without the 



112 MESSAGES AND PROCLAMATIONS OF 

sanction of law. The Board of Equalization which met in 
1876 did assess, adjust and equalize the railroad property 
in this State, subject to taxation, which was owned by the 
railroad companies on the first of August, 1875, and the 
Board of Equalization which met in 1875 did assess, adjust 
and equalize railroad property in this State owned by said 
railroads on the first day of August, 1874, and the Board 
of Equalization which met in 1874, did assess the railroad 
property in this State subject to taxation, which was owned 
by said railroad companies on the first day of August, 1873, 
and the Auditor was by law required to lay before the Board 
of Equalization the reports which had been made in the 
January immediately next preceding the assembling of 
said boards by the presidents of the several railroad com- 
panies in this State. The returns which were required for 
the last two years to be made on the first of January by the 
presidents of railroads, amongst other things required a 
statement of the rolling-stock and of the real estate, besides 
roadbed, which the railroad company owned, occupied or 
leased on the first of August preceding the date of said re- 
port, and a duplicate report was to be made to the clerk 
of the county courts of each county through which said 
road run or in which said road owned property, which was 
to be laid before the county courts of said counties, and the 
courts were to examine said statements and determine 
the correctness thereof as to property and valuation, and 
if said report was found to be incorrect, the court was to 
add thereto the property omitted, and the said courts were 
required to make a statement of the cash value of the prop- 
erty of said railroads within their respective counties, and 
which report was to be made to the State Auditor on or 
before the first of April, and all of these reports made by the 
railroad companies and by the county courts, the Auditor 
was to lay before the Board of Equalization to enable said 
Board to assess, adjust and equalize the value of said rail- 
road property, and such returns were presented to the 
Board of Equalization of 1876, whereby it assessed the 
several railroads in this State for the year 1875. 



GOVERNOR JOHN SMITH PHELPS 113 

The bill under consideration provides: "Said Board 
of Equalization at its annual meeting for the year 1877, 
in addition to assessing, adjusting and equalizing the rail- 
road property of the State for the year 1877, as provided for 
by law, shall also proceed to assess, adjust and equalize 
the aggregate valuation of the property of each one of the 
railroad companies liable to taxation under the laws of this 
State, for the year A. D. 1876, on such information and 
returns as they may have before them, and any other evi- 
dence that will enable them to make a fair and equitable 
assessment of said property for said year 1876." 

This declares the Board of Equalization shall assess, 
etc., the railroad property of the State for the year 1877, 
as provided by law. But there is no law providing that 
in 1877 said Board shall assess the railroad property in this 
State for the year 1877, and there are laws which provide 
the said Board shall do just what the latter part of said 
section requires said Board to do; that is, to assess said 
railroad property for the year 1876. Now, there is no law 
requiring the railroad companies nor the county courts to 
make any reports whatever to the State Auditor to be laid 
before the Board of Equalization which shows the property 
owned by the railroad companies on the first day of August, 
1877, for the assessment of railroad property for the year 
1877 sooner than the first of January next, by the railroad 
companies, nor by the county courts till April, 1878. The 
Legislature has proceeded on a wrong basis in the enact- 
ment of said bill, viz: That it is the duty of the Board of 
Equalization to assess the railroad property for the year 
1877; whereas, it was the duty of the Board of Equalization 
in 1876 to assess the railroad property for 1875, and it is the 
duty of the Board of Equalization for this year to assess 
the railroad property for the year 1876, that is the property 
the railroads owned on the first of August, 1876, just as the 
property owned by individuals on the first of August, 1876, 
has been assessed for that year, and which assessment will 
not be completed till this month. The bill cannot be executed 
so as to assess the railroad property for 1877; but without 



114 MESSAGES AND PROCLAMATIONS OF 

the aid of said bill the railroad property will be assessed 
for the year 1876. 

Neither the Auditor nor the Board of Equalization 
have any retums showing the property owned by any of the 
railroads in 1877, nor is there any law requiring any officers 
to make any such returns till the first of January, 1878, and 
as this bill, if it shall become a law, cannot be executed 
(and such opinion is entertained by each member of the 
State Board of Equalization). 

I withhold my approval of the same. 

JOHN S, PHELPS. 

Executive Office, May 12, 1877. 



VETO RECORDED WITH THE SECRETARY OF 

STATE 

MAY 19, 1877 
From the Journal of the Senate, p. &17 



Hon. M. K. McGrath, Secretary of State: 

Sir 1 return to you a bill which originated in the 
Senate, entitled: "An act for the incorporation of salvage 
corps, (269) without my approval. This bill was presented 
to me on the 27th day of April, and the General Assembly 
adjourned on the 30th day of April. Private corporations 
for benevolent and charitable purposes can now be es- 
tablished under our general laws, by which the same ob- 
jects can be accomplished which are designed to be ac- 
complished by this bill. This bill proposes to confer on 
private corporations the power to levy a corporation tax 
or assessment on the amount of business which may be done 
by individuals who are not members of the incorporation 
and to subject such individuals by reason of their business 
to this assessment, and if one class of persons who are not 
members of a private corporation may be subjected to an 
assessment levied by said corporation, then all persons may 



GOVERNOR JOHN SMITH PHELPS 115 

be subjected to a similar assessment. The natural right 
to the enjoyment of the gains of one's own industry, that 
no person shall be deprived of his property without due 
process of law, are rights enumerated and secured to the 
people in our Constitution; and as the bill under considera- 
tion violates these provisions, I withhold my approval of 
the same. I also submit the opinion of Attorney-General 
Smith, which has my approval, clearly demonstrating this 
bill contains provisions in conflict with the Constitution. 

JOHN S. PHELPS. 
Executive Office, May 19, 1877. 



VETO RECORDED WITH THE SECRETARY OF 

STATE 

MAY 19, 1877 
From the Journal of the House of Represeritatives, p. 1151 



Hon. M. K. McGrath, Secretary of State: 

Sir I return to you a bill which originated in the House 
of Representatives, entitled An act to provide for the care 
and maintainance of the insane of the county and city of 
St. Louis, and to appropriate money therefor, without my 
approval. 

This bill was presented to me within ten days prior 
to the adjournment of the General Assembly. In the 
general appropriation bill $70,000 was proposed to be ap- 
propriated toward the maintenance of the St. Louis County 
Insane Asylum. For reasons given in a special message 
to the House of Representatives, I could not approve of 
that appropriation. By this bill it is proposed to ap- 
propriate $55,000 for the support of the indigent insane of 
the city and county of St. Louis for the years 1877 and 1878. 
While this bill is subject to the objections taken to the 
appropriation of $70,000 it is also objectionable for the 
reason it is local and special. None but the indigent insane 
of the city and county of St. Louis can be the beneficiaries 



116 MESSAGES AND PROCLAMATIONS OF 

of this act. The insane of the city and county of St. Louis 
are proper subjects to be and can be admitted to the Insane 
Asylums at Fulton and St. Joseph, and no indigent insane 
persons from any other portion of the State, except the 
city and county of St. Louis, can be received into the asylum 
it is proposed to adopt or to establish by this bill and receive 
the benefits of this appropriation. And in addition thereto 
all the indigent insane now in State Lunatic Asylums are 
supported at the expense of the counties from which they 
were sent, and this bill proposes all the pauper insane in the 
St. Louis County Asylum which were sent from the county 
of St. Louis, shall not be supported by said county but by 
the State, thus making provision for the pauper insane 
sent from the county of St. Louis, such as is not made for 
any other county in this State. For the reason that the 
money proposed to be appropriated is a grant of money to 
an association of individuals and that the bill is a local and 
special bill of which no notice has been given as required 
by the fifty-fourth section of the fourth article of the Con- 
stitution, I do not give my assent to the same. 

Very respectfully, 

JOHN S. PHELPS. 
Executive Mansion, May 19, 1877. 



TO THE HOUSE OF REPRESENTA TIVES 

MAY 19, 1879 
From the Journal of the House of Representatives, pp. 



EXECUTIVE OFFICE, CITY OP JEFFERSON, May 19, 1879. 

Hon. J. Ed. Belch, Speaker House of Representatives: 

Sir I regret I am compelled to return to the House of 
Representatives, in which it originated, a joint resolution 
Authorizing the Governor and Attorney-General to employ 
an attorney to prosecute certain claims against the govern- 
ment of the United States, without nay approval My 



GOVERNOR JOHN SMITH PHELPS 117 

its subject matter. Whether so directed or not, I should 
endeavor to obtain from the government of the United 
States whatever may be justly due from the United States, 
but 1 have not any authority to employ attorneys for that 
purpose. 

The constitution of our State provides: 'The style of 
the laws of this State shall be, 'Be it enacted by the General 
Assembly of the State of Missouri, as follows,' " and "No 
law shall be passed except by bill, etc.;" "Bills may originate 
in either House, etc.;" "No bill * * * shall contain more 
than one subject, etc." The constitution plainly recognizes 
the difference between bills and joint resolutions. Bill, in 
parliamentary law, means "a form or draft of a law presented 
to a legislature, but not yet enacted, or before it is enacted 
a proposed or projected law." A bill, after it receives the 
approval of the law-making power, is then denominated 
an act, whilst joint resolutions have only the one name, both 
before and after their adoption. 

A writer on parliamentary law says: "Until the 
second session of the 27th Congress, no instance is to be 
found of an appropriation elsewhere than in a bill During 
the first fifty years of the government, the whole number of 
joint resolutions passed scarcely amounted to two hundred, 
whilst since that period the number has been quadrupled, 
and at the 41st Congress alone, amounted to more than five 
hundred. The increase within the latter period in the 
number of joint resolutions containing appropriations has 
been in a still greater proportion. The early and long 
continued practice of Congress indicates that the framers 
of the constitution who sat in the first and succeeding 
Congresses, and those who followed them for many years, 
construed the constitutional provision that 'no money shall 
be withdrawn from the Treasury but in consequence of 
appropriations made by law,' as requiring the highest 
character of laws namely, bills, not joint resolutions." 

The constitution provides: "The Governor shall con- 
sider all bills and joint resolutions," etc., and it is also 
provided: "Every resolution to which the concurrence of 



118 MESSAGES AND PROCLAMATIONS OF 

the Senate and House of Representatives may be necessary, 
except on questions of adjournment, of going into joint 
session, and of amending this constitution, shall be presented 
to the Governor, and before the same shall take effect, shall 
be proceeded upon in the same manner as in the case of a 
bill: Provided, that ho resolution shall have the effect to 
repeal, extend, alter or amend any law." 

Legislative bodies make known their will by orders, 
resolutions and bills. All the constitutions of this State 
have contained the same provision concerning the style 
of the laws; and it was held by the Supreme Court of this 
State, under a former constitution, that the provision con- 
cerning the style of our laws was directory and not man- 
datory. But it is clear to my mind the framers of the 
present constitution intended the style of all our laws should 
be, "Be it enacted by the General Assembly of the State of 
Missouri," and therefore this provision is mandatory. 
Besides declaring such shall be the style of our laws, the 
constitution also provides, 'That no resolution shall have 
the effect to repeal, extend, alter or amend any law," thus 
showing that if any new law shall be adopted any existing 
law to be extended, repealed or amended, it is to be done 
by bill and not by joint resolution. The joint resolution 
herewith returned proposes to alter existing laws to pre- 
scribe a rule of action in a manner which is forbidden by 
the constitution, and I therefore withhold my approval. 

Very respectfully, 

JOHN S. PHELPS. 



VETO RECORDED WITH THE SECRETARY OF 

STATE 
MAY 23, 1877 

From the Journal of the Senate, pp. 618~6$Q 



Hon. M. K. McGrath, Secretary of State: 

Sir I return to you a bill entitled "An act to revise 
and amend the laws in relation to the organization and 
support of public schools, and to repeal certain acts relating 



GOVERNOR JOHN SMITH PHELPS 119 

thereto," which originated in the Senate, and which was 
presented io me within the ten days prior to the adjourn- 
ment of the General Assembly, without my approval. The 
bill under consideration has but little in it which is new. 
It is principally a re-enactment (differently arranged) of 
the school law of 1874, with the provisions relating to the 
public school fund and county school fund contained in the 
Constitution incorporated in the bill. It also contains the 
provisions of the Constitution restricting and limiting the 
power of taxation by the school municipalities, and yet 
in describing what shall compose the county school fund, 
the bill provides all fines, penalties and forfeitures shall in 
part compose said fund, whilst the Constitution provides 
the clear proceeds of all penalties, etc., shall be a part of 
said fund. Whether the term "clear proceeds" is synony- 
mous Vvith the term "net proceeds" or not, I am not prepared 
to say, but the term "clear" could have been used in the 
bill leaving it for the courts hereafter to determine. And 
it may be urged that the "clear proceeds" of penalties, etc., 
mean the proceeds after deducting all costs, charges and 
expenses of their collection, so that the counties 'and the 
State may be reimbursed for all the costs, charges and 
expenses of the prosecution by which these fines and for- 
feitures were collected. 

But the bill makes important provisions in relation 
to the Revenue Fund of the State, and which are not in- 
dicated in its title. By the Constitution of the State, not 
less than twenty-five per cent, of the Revenue Fund shall 
be applied annually to the support of the public schools. 
Under existing laws this money is set apart for the support 
of the public schools in the month of March, so that the 
amount may be paid from the State Treasury in the months 
of March and April, for the support of the public schools. 
But it is proposed in this bill, that at the commencement of 
each month the State Auditor shall compute and ascertain 
the amount of the receipts into the Revenue Fund for the 
last preceding month, and that he shall then compute, set 
apart and transfer to State school moneys one-fourth of 



120 MESSAGES AND PROCLAMATIONS OF 

such amount for the use and benefit of the public schools 
of this State, and that he shall notify the Treasurer of such 
transfer, and that the Treasurer shall then make the transfer 
of said account from the Revenue Fund to the State school 
moneys. 

Thus the transfer is required to be made monthly of 
one-fourth of the Revenue Fund to the fund of the State 
school moneys, when the State school moneys will not be 
required for the use of the public schools sooner than the 
month of March in each year. 

For the last two years large amounts of Auditor's 
warrants have been issued which have not been paid because 
there was no money in the Revenue Fund. The largest 
part of the revenue is paid into the treasury in the months 
of January, February, March, October, November and 
December the largest amounts in the months of January 
and December. The receipts into the treasury the other 
six months are very small. From this time till the month 
of March next, all the money received into the Revenue 
Fund will be required to pay outstanding warrants, and to 
defray the current expenses of the government, and until 
March, 1878, none of the money which has been received 
into the Revenue Fund since the first of March last, nor 
that which may be received till next March, will be re- 
quired to be disbursed for the support of the public schools. 
And on the other hand, every dollar which will be received 
into the Revenue Fund will be needed to defray the current 
expenses of the government. 

The provisions of the bill under consideration, to which 
I have referred, will impair the public service by setting 
apart money to a fund which is not now needed for that 
fund, and withdrawing it from a fund where it is greatly 
needed. It will, to a certain extent, delay and postpone 
the payment of warrants drawn on the Revenue Fund, 
and thereby cause the holders of said warrants to be sub- 
jected to a discount on them. The means of paying home 
creditors should not be impaired, nor should the citizen 
be subjected to loss on his demands against the State, 



GOVERNOR JOHN SMITH PHELPS 121 

One-fourth of the Revenue Fund of this State for 
twelve months ending on 1st of March last, amounted to 
more than $365,000. One-fourth of the Revenue Fund to 
1st of January last (10 months), amounted to about $261,- 
000, which sum was applied to the payment of the current 
expenses of the State government, and not set apart as 
State school moneys. 

But in the month of March last the proper amount of 
State school moneys was duly set apart. 

Because the provisions of the bill which require a 
division to be made of the Revenue Fund on the first day 
of each month, and that 25 per cent, of the same shall be 
set apart as State school moneys will seriously embarrass 
the financial operations of the government in this: that it 
will cause the holders of Auditor's warrants to be longer 
delayed in the payment of their just demands, and because 
said school moneys will not be disbursed, nor required to be 
disbursed, till the months of March and April next, I with- 
hold my approval of the bill. 

Other objections might be urged to the approval of 
the bill; but those named I deem sufficient. Certain it is, 
the management and support of the public schools will not 
in the least be embarrassed by the non-approval of said bill. 
And it seems to be the part of wisdom we shall not, at every 
session of the Legislature, change our school law. 

JOHN S. PHELPS. 

Executive Office, May 23, 1877. 



VETO RECORDED WITH THE SECRETARY OF 

STATE 

JUNK 7, 1879 

From the Journal of the tienate, pp. 098-994 



EXECUTIVE OFFICE, CITY OF JEFFERSON, MISSOURI, June 7, 1879. 
Hon. M. K. McGrath, Secretory of State: 

Sir I transmit to you House bill No. 630, entitled 
An act to amend section 31 of chapter 122 of the General 



122 MESSAGES AND PROCLAMATIONS OF 

Statutes of Missouri of 1865, with my reasons for with- 
holding my approval of the same. 

The constitution, section 28, article 4, provides: "No 
bill (except general appropriation bills, which may embrace 
the various subjects and accounts for and on account of 
which moneys are appropriated, and except bills passed 
under the third subdivision of section foity-four of this 
article) shall contain more than one subject, which shall 
be clearly expressed in its title." 

It was the intention of the Legislature to amend the 
law respecting executors and administrators, and to authorize 
sales of real estate for the payment of debts in cities of one 
hundred thousand inhabitants, or more, to be made at an 
established real estate exchange, if the court should so 
direct. There is no subject matter expressed in the title 
of this bill, and therefore the requirements of the constitu- 
tion, in this respect, have not been complied with. In my 
opinion, this provision of our constitution is mandatory 
and not merely directory. Because the subject of this bill 
is not clearly expressed in its title, I refuse to approve it. 

Very respectfully, 

JOHN S. PHELPS. 



VETO RECORDED WITH THE SECRETARY OF 

STATE 

JUNE 7, 1879 
From the Journal of the Senate^ p. 994 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, June 7, 1879. 

Hon. M. K. McGrath, Secretary of State: 

Sir I transmit to you House bill No. 633, entitled An 
act to amend section forty-two of chapter one hundred and 
sixty of the General Statutes of Missouri of 1865, with my 
reasons for withholding my approval of the same. 

The constitution, section 28, article 4, provides: "No 
bill (except general appropriation bills, which may embrace 



GOVERNOR JOHN SMITH PHELPS 123 

the various subjects and accounts for and on account of 
which moneys are appropriated, and except bills passed 
under the third subdivision of section forty-four of this 
article) shall contain more than one subject, which shall be 
clearly expressed in its title." 

The object of this bill is to provide that in cities of one 
hundred thousand inhabitants, or more, sales of real estate 
on execution may be made at a real estate exchange, if so 
designated by the officer in his advertisement of the sale. 
There is no subject matter expressed in the title of this bill, 
and therefore the requirements of the constitution, in this 
respect, have not been complied with. 

In my opinion, this provision of our constitution is 
mandatory and not merely directory. Because the subject 
of this bill is not clearly expressed in its title, I decline to 
approve of it. 

Very respectfully, 

JOHN S. PHELPS. 



VETO RECORDED WITH THE SECRETARY OF 

STATE 

JUNE 9, 1879 

From the Journal of the Senate, p. 99-5 



EXECUTIVE OFFICE, CITY OF JEFFERSON, June 9, 1879. 

Hon. M, K. McGrath, Secretary of State: 

Sir I herewith transmit to you Senate bill No. 345, 
entitled An act to appropriate money to pay interest on 
certain State bonds held in trust for the State Seminary 
Fund for the years 1879 and 1880, without any approval 
indorsed thereon. 

In the general appropriation act, approved March 24, 
1879, the amount necessary to pay all the interest on the 
debt of the State was appropriated, amounting to the sum 
of $2,010,960, for the years 1879 and 1880, This sum in- 
cludes the amount of interest which will accrue for two years 



124 MESSAGES AND PROCLAMATIONS OF 

on the State bonds held in trust by the State for the Seminary 
Fund, as well as all other indebtedness of the State, except 
the interest on the revenue bonds; therefore, this bill is 
unnecessary. 

Very respectfully, 

JOHN S. PHELPS. 



VETO RECORDED WITH THE SECRETARY OF 
STATE 

JUNE 11, 1879 
From the Journal of the Senate, pp. 995-996 



EXECUTIVE OFFICE, CITY OF JEFFERSON, June 11, 1879. 

Hon. M. K. McGrath, Secretary of State: 

Sir I herewith transmit to you a bill, which originated 
in the Senate, entitled An act relating to the appointment 
of a committee to settle with the State Treasurer, without 
my approval indorsed thereon. The committee of the 
members Legislature, who were appointed by the Executive 
to make settlement with the State Auditor and State Treas- 
urer, entered before the Legislature convened, on the dis- 
charge of the duties assigned them. They were many days 
engaged in examining the vouchers in the offices of the 
Auditor and Treasurer, and, afterwards, made their report 
to the Legislature. This report was not approved by the 
Legislature; and, consequently, no actual settlement was 
made and approved. 

The bill, under consideration, provides for a settlement 
of the accounts of the State Treasurer only, and not for the 
settlement of the accounts of the Auditor. It is desirable 
a settlement of the accounts of both of these officers should 
be made to the first of January last; and of the accounts 
of the Treasurer from the 1st of January last to the 14th 
day of April, the date of the approval of the new bond of 
the Treasurer. The accounts of these two officers are so 



GOVERNOR JOHN SMITH PHELPS 125 

intimately connected that the accounts of both should be 
settled at the same time. 

Because this bill does not provide for the settlement 
of the accounts of both these officers, and because the bill 
proposes to assign a committee, composed of members of 
both houses, after the adjournment of the Legislature, to 
the performance of other than legislative duties or duties 
not connected with the revision and promulgation of the 
revised laws, and to direct that additional compensation 
be made therefor; and because no committee has been, nor 
can be now, appointed on the part of the Senate, I decline 
to approve of this bill. 

Very respectfully, 

JOHN S. PHELPS. 



VETO RECORDED WITH THE SECRETARY OF 

STATE 

JTJNE 11, 1879 
From the Journal of the Senate, pp. 996-1001 



EXECUTIVE OFFICE, CITY OF JEFFEBSON, June 11, 1879. 

Hon. M. K. McGrath, Secretary of State: 

Sir I herewith transmit you a bill, which originated 
in the House of Representatives, entitled An act to amend 
section 1 of chapter 16 of the General Statutes of the State 
of Missouri, and to add a new section to said chapter, to be 
numbered section 6, with my reasons for not approving the 
same. 

The laws of this State declare all officers shall hold their 
offices until their successors are elected or appointed, com- 
missioned and qualified. The Constitution declares that 
when any vacancy in office shall be filled, the person ap- 
pointed "shall continue in office until a successor shall have 
been duly elected or appointed and qualified according to 
law." The law contemplates that persons who have been 
duly appointed to office and have entered on the discharge 



126 MESSAGES AND PROCLAMATIONS OF 

of the duties pertaining thereto, cannot by their act alone 
be relieved from the discharge of its duties or voluntarily 
abandon the office. By accepting an office the person 
accepting promises to discharge the duties of the office 
during 'the entire term for which he shall have been ap- 
pointed, and until his successor shall be qualified. Hence 
the commissions issued to officers who have been appointed 
to fill vacancies in this State, define the term of office, and 
also authorize and require the incumbent to continue in the 
discharge of its duties till his successor shall be qualified. 
But it is urged by some that the acceptance of a resignation 
is not necessary to retire the incumbent from the "burdens 
and cares of office." I do not approve of this doctrine. 
On the contrary, one who seeks to be relieved from office 
by resignation, must deliver his resignation to the proper 
officer, who must accept it, and make official note of the 
same, and the fact of acceptance ought to be communicated 
to the incumbent. 

For a long time in this State, under every road law, 
from 1835 to the present date, (and that law has often been 
re-enacted) overseers of roads have been compelled to 
discharge the duties of the office, and if they should refuse 
to accept the office, they were subject to a criminal pros- 
ecution, for which the punishment was and is a fine. Over- 
seers were required to perform the duties of the office for at 
least one year before the county court could release them 
from the office. They could not refuse to accept the office, 
nor could they resign within one year from the date of their 
appointment. They were compelled to accept the office, 
and in this respect like unto those who are members of 
municipal corporations, who may, if eligible, be compelled 
to discharge the duties of the office imposed on them, or 
submit to such punishment as may be prescribed. 

It is an established principle of law that a municipal 
corporation may compel its members to discharge the 
duties of an office; in other words, to accept an office, or, by 
means of a by-law, impose a pecuniary penalty upon such 
as refuse without legal excuse. And if it be true that 



GOVERNOR JOHN SMITH PHELPS 127 

municipal corporations obtain all their powers by virtue 
of grants from the Legislature, then has the Legislature 
the power to require any of its citizens who are eligible to 
accept an office, or suffer a penalty for refusing it, or after 
having accepted the office, to require him to discharge the 
duties of the office for its full legal terms, unless relieved 
therefrom by the acceptance of a resignation submitted 
to the appointing power. The Legislature can grant no 
power unless the Legislature possesses such power, and 
may itself exercise it. 

I adopt the views expressed by Ruffin, C. J., of North 
Carolina, in the case of Hoke vs. Henderson, 4th Dev. Rep. : 

"It has been said that the obligation to continue in 
office ought to be mutual to be complete, and that such is 
not the case, because the officer may at his pleasure resign. 
The argument on behalf of the power to discharge an officer 
assumes the right of the officer to discharge himself; and 
in that point differs entirely from the law as it stands in the 
conception of the court. An officer may certainly resign, 
but, without acceptance, his resignation is nothing, and 
he remains in office. It is not true that an office is held at 
the will of either party; it is held at the will of both. Gen- 
erally, resignations are accepted, and that has been so 
much a matter of course with respect to lucrative offices 
as to have grown into a common notion that to resign is a 
matter of right. But it is otherwise. The public has a 
right to the services of all the citizens, and may demand 
them in all civil departments as well as in the military.*** 
Every man is obliged, upon a general principle, after en- 
tering upon office to discharge the duties of it while he 
continues in office, and he cannot lay it down until the 
public, or those to whom the authority is confided, are 
satisfied that the office is in a proper state to be left, and the 
officer discharged. The obligation is, therefore, strictly 
mutual, and neither party can forcibly violate it. If indeed 
the public change the emoluments, of office, it is another 
question, whether that be not an implied permission for the 
officer to retire at his election, unless the contrary be pro- 



128 MESSAGES AN0 PROCLAMATIONS OF 

vided in the law. For I cannot doubt that the Legislature 
has the perfect power, if it choose arbitrarily to exercise 
it, of compelling, not indeed a particular man designated in 
a statute by name, but any citizen elected or appointed 
as by law prescribed, to serve in office even against his will. 
I have mentioned some instances in which it is done, and 
there is no reason why, making due compensation, it may 
not be done as to all officers." 

In the case of the State, etc., vs. Boecker, 56 Mo. Reps., 
17, it was held that a resignation, to take effect at a future 
time, was a mere evidence of an intention to resign, and 
subject to be withdrawn by the party making it at any 
time before the time indicated, and afterwards by consent 
of the appointing power. In this case the clerk of the 
county court filed his resignation with said court, to take 
effect at a future day, and a copy of the resignation was sent 
to the Governor, who made an appointment, over the objec- 
tion of the incumbent, and fifty days before any vacancy 
could occur. The court says: "The resignation was really 
in the keeping and under the control of the defendant. It 
could not amount to a complete and legal resignation, either 
present or prospective, until it was actually delivered to the 
Governor, and accepted by him, with the knowledge and con- 
sent of the defendant. The delivery was not only without 
his consent, but against his express wishes and protest." 

The bill under consideration consists of two sections. 
The first section is as follows: 

"Section 1. Section one of chapter sixteen of the 
General Statutes of the State of Missouri, is hereby amended 
so as to read as follows: Section 1. All officers elected or 
appointed by the authority of the laws of this State, shall 
hold their offices subject to the right of resignation during 
their official terms, and until their successors shall be duly 
elected or appointed and qualified." 

It is substantially section 5, article 14 of the State 
Constitution. I have endeavored to show that the "right 
of resignation" can be exercised only by the consent of the 
appointing power; that until a resignation sjiould be accepted 



GOVERNOR JOHN SMITH PHELPS 129 

by the proper officer, the person tendering the resignation 
would still be in office; that acceptance was necessary, and 
knowledge of the acceptance should be communicated to the 
person proposing to resign. 

But the second section, being the sixth section of the 
act, reads as follows: 

Section 6. Every county officer may, at any time, 
resign his office; such resignation may be made in writing, 
signed by the officer resigning his office, and filed in the 
office of either the clerk of the circuit court, or the clerk 
of the county court of the county. Upon the filing of such 
resignation in the office of either of such clerks, the office 
of the officer so resigning, shall be vacant, and a certificate 
of such vacancy, together with a certified copy of such 
resignation, shall be immediately certified to the Governor 
by the clerk in whose office such resignation may be filed." 

If this bill should become a law, all the officers of a 
county might resign, and if this may be done in one county, 
it might be done in every county in the State. If it is not 
intended, by this bill, to provide that, from the date of filing 
of the resignation with the clerk, the officers shall be relieved 
from all duties and further liabilities, then the bill makes 
no change in the law, and is, therefore, unnecessary. But 
there can be no doubt it is intended to provide that county 
officers shall be permitted to resign, and be relieved from 
the duties and responsibilities of their office from the date 
of filing their resignation with the clerk of either the circuit 
or county courts. There will, therefore, be a time when no 
person can lawfully discharge the duties of the office 
when no person will lawfully have the care of the valuable 
records belonging to the counties. The three judges of 
the county court, the judge of the probate court, the clerks 
of county and circuit courts, the sheriff, coroner, assessor, 
collector, recorder of deeds, treasurer, public administrator 
and county surveyor, comprise the county officers, and the 
duties all of these officers perform are not only important 
to the counties, but some of them &re absolutely necessary 
to enable the wheels of the State government to move 



130 MESSAGES AND PROCLAMATIONS OF 

Suppose all of the county officers, except the clerk of the 
county court, shall resign. Without a sheriff or coroner, 
no process, civil or criminal, would be served; without a 
clerk of the circuit court, no suits would be commenced, 
no indictments found, and no execution could be issued; 
without the assessor, no valuation of property could be 
had, nor without a collector could the taxes be collected. 
I am supposing such a case as probably will never arise, 
but these evils could occur under the proposed law, and we 
should guard against the possibility of their happening. 
Justice Elmer, of the Supreme court of New Jersey, in the 
case of State ex. rel. Reeves vs. Ferguson, 31st N. J. law 
reps., Page 107, remarks: "To hold that an officer, civil 
or military, may, at his own pleasure, divest himself of 
responsibilities, by simply tendering a resignation, whatever 
may be the circumstances prompting the act, it seems to me 
would be fraught with danger of no ordinary magnitude." 
I cannot sanction the provision that every county 
officer may resign by filing his resignation with the clerk 
of the county or circuit court, and thereby be relieved and 
discharged from the further performance of the duties of 
the office, or the liability for the non-performance thereof. 
I cannot consent to the increase of the periods of intermis- 
sion or interregnum of offices. Who is to guard and protect 
the records entrusted to county officers? Who is to take 
care of and preserve the deed books of any county, if the 
recorder shall, by filing his resignation with the clerk, be 
relieved from further performance of duty? If the office 
of recorder is vacant, and the late incumbent is discharged 
from the duties of the office, he has no more right to the 
custody of the deed books of immense value than an 
absolute stranger. So with the records of the circuit court. 
The clerk filing his resignation with the clerk of the county 
court, and who will have the custody and care of the valuable 
records of his office? And so with the other officers. This 
bill permits officers to resign and abandon the valuable 
records in their possession, and leave them absolutely to 



GOVERNOR JOHN SMITH PHELPS 131 

the care of nobody. I will sanction no measure from which 
can flow such dire consequences. 

But there is another objection to this bill. Its title 
is as follows: "An act to amend section 1 of chapter 16 
of the General Statutes of the State of Missouri, and to add 
a new section to said chapter, to be numbered section 6." 
Now, this title does not comply with the requirements of the 
Constitution in that particular, which I recognize to be 
mandatory and not directory. I think the proper rule 
for the construction of State Constitutions is tersely ex- 
pressed in the new Constitution of the State of California: 
"The provisions of this Constitution are mandatory and 
prohibitory, unless by express words they are declared to be 
otherwise.*' The Constitution of this State provides, section 
28, article 4: "No bill ( * * * * * *) shall contain more 
than one subject, which shall be clearly expressed in its 
title." Will any one inform me what subject is expressed 
in this title? Can you discover the subject matter of legisla- 
tion from this title? If so, what is it? Is it "clearly ex- 
pressed in its title?" Anything else printed after this 
title for instance a portion of the statutes concerning 
crimes and punishments or concerning wills would be just 
as appropriate as the two sections of this bill. 

For the reasons I have given, I cannot approve of the 
bill. 

Very respectfully, 

JOHN S. PHELPS. 

VETO RECORDED WITH THE SECRETARY OF 

STATE 

JUNE 11, 1879 
From the Journal of the House of Representatives, pp. 1656-1667. 



EXECUTIVE OFFICE, CITY OF JEFFEBSON, June 11, 1879. 

Hon. M. K. McGrath, Secretary of State: 

Sir I herewith transmit to you a bill, which originated 
in the Senate, entitled An act relating to the appointment 
of a committee to settle with the State Treasurer, without 



132 MESSAGES AND PROCLAMATIONS OF 

my approval indorsed thereon. The committee of the 
members of Legislature, who were appointed by the Execu- 
tive to make settlement with the State Auditor and State 
Treasurer, entered before the Legislature convened, on 
the discharge of the duties assigned them. They were 
many days engaged in examining the vouchers in the offices 
of the Auditor and Treasurer, and, afterwards, made their 
report to the Legislature. This report was not approved 
by the Legislature; and, consequently, no actual settlement 
was made and approved. 

The bill, under consideration, provides for a settlement 
of the accounts of the State Treasurer only, and not for the 
settlement of the accounts of the Auditor. It is desirable 
a settlement of the accounts of both of these officers should 
be made to the first of January last; and of the accounts 
of the Treasurer from the 1st of January last to the 14th 
day of April, the date of the approval of the new bond of 
the Treasurer. The accounts of these two officers are so 
intimately connected that the accounts of both should be 
settled at the same time. 

Because this bill does not provide for the settlement 
of the accounts of both these officers, and because the bill 
proposes to assign a committee, composed of members of 
both houses, after the adjournment of the Legislature, to 
the performance of other than legislative duties or duties 
not connected with the revision and promulgation of the 
revised laws, and to direct that additional compensation 
be made therefore; and because no committee has been, 
nor can be now, appointed on the part of the Senate, I 
decline to approve of this bill. 

Very respectfully, 

JOHN S. PHELPS. 



GOVERNOR JOHN SMITH PHELPS 133 



SPECIAL MESSAGES 



TO THE SENATE 

JANUARY 20, 1877 
From the Journal of Executive Business, p. 167 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 20, 1877. 

To the Senate: 

I have the honor to nominate Wm. McLean of Johnson 
County and Wm. P. Greenlee of Johnson County whose 
terms of office [expired] on the 1st day of January 1877, to 
be Regents of the Normal School District No 2. for the 
term of six (6) years each from said 1st of January 1877, 
and request the advice and consent of the Senate to their 
appointment. 

Very Respectfully 

(signed) JOHN S. PHELPS 



TO THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 1877 
Front the Journal of the House of Representatives, p. 155 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

January 23, 1877. 

Sir Herewith I have the honor to submit to the House 
of Representatives the sixth biennial report of the Board of 
Immigration of this State. 

Very respectfully, 

JOHN S. PHELPS. 



134 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

JANUARY 25, 1877 
From the Journal of Executive Business, p. 169 

EXECUTIVE MANSION, CITY OF JEFFERSON, January 25, 1877. 

Senators: 

When I submitted to you the nomination of David 
S. Hooper for the office of Regent I was not aware that he 
held the office of Postmaster at Kirksville. By reason of 
holding that office he is not eligible to the office of Regent 
and his nomination is hereby withdrawn if you consent 
thereto. 

Very Respectfully 
(signed) JOHN S. PHELPS 



TO THE SENATE 

JANUARY 31, 1877 
From the Journal of Executive Business, p. 169 



CITY OF JEFFEBSON, January 31, 1877. 

To the Senate: 

I hereby nominate and appoint David H. Armstrong 
to be Police Commissioner of the City of St. Louis for the 
term of four years from the 1st of January last in place of 
C. C. Rainwater whose term of office has expired. 

And I hereby nominate and appoint Basil Duke to be 
Police Commissioner of the City of St. Louis for the term 
of four years from the 1st of January last in place of Louis 
Dorsheimer whose term of office has expired and I request 
that the Senate will advise and consent to said appoint- 
ments. 

Very Respectfully 

TrkTTTM $_ PHELPS 



GOVERNOR JOHN SMITH PHELPS 135 

TO THE SENATE 

FEBRUARY 7, 1877 
From the Journal of Executive Business, p. 170 



EXECUTIVE DEPARTMENT, JEFFERSON CITY, February 7, 1877. 

I hereby nominate and appoint William S. Wheeler, 
Charles A. Bailey, Thomas B. Nesbit, Addison S. Robinson 
and Samuel S. Dedman all of Callaway County to be man- 
agers of the Missouri Institution for the Education of the 
Deaf & Dumb and I request the Senate will advise and con- 
sent to said appointment. 

Respectfully 

(signed) JOHN S. PHELPS 



TO THE SENATE 

FEBRUARY 7, 1877 
From the Journal of Executive Business, p. 170 



EXECUTIVE DEPARTMENT, JEFFEPSON CITY, February 7, 1877. 

To the Senate: 

1 hereby nominate and appoint Samuel N. Russell, 
William W. McFarlane of Audrain County and John M. 
Tate, John A. Hockaday Edwin Curd, William H. Wilkeran, 
Benjamin F. Harrison, Clare 0. Atkinson and James Ricken- 
baugh of Callaway County, the first three named being 
physicians to be managers of the Lunatic Asylum at Fulton 
and I request the Senate will advise and consent to said 
appointments. 

Very Respectfully 
(signed) JOHN S. PHELPS 



136 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

FEBRUARY 28, 1877 
From the Journal of Executive Business, p. 17 d 

EXECUTIVE DEPARTMENT, JEFFERSON CITY, MISSOURI, 
February 28, 1877. 

To the Senate: 

I hereby nominate and appoint John D. Vincil to be a 
member of 'The Board of Regents for Normal School 
District No. 1 M " in place of David S. Hooper, whose term 
of office has expired; and I request the senate will advise 
and consent to said appointment. 

Very Respectfully, 

JOHN S. PHELPS. 



TO THE SENATE 

MARCH 5, 1877 
From the Journal of Executive Business, p. 180 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI, March 5, 1877. 

To the Senate: 

I hereby nominate and appoint James H. Tunnan to be 
a member of "Board of Managers of the Lunatic Asylum 
at Fulton" in place of James Rickenbaugh who has resigned; 
and I request that the Senate advise and consent to said 
appointment. 

Very Respectfully, 

JOHN S. PHELPS. 



GOVERNOR JOHN SMITH PHELPS 137 

TO THE SENATE 

MARCH 7, 1877 
From the Journal of Executive Business, p. 184 



EXECUTIVE SESSION, CITY OF JEFFERSON, MISSOURI, March 7, 1877. 

To the Senate: 

I hereby nominate and appoint William S. Relfe, of 
Washington county, to be Superintendent of the Insurance 
Department; and I request the Senate will advise and con- 
sent to his appointment. 

Very Respectfully, 

JOHN S. PHELPS. 



TO THE SENATE AND THE HOUSE OF 
REPRESENTA TI VES 

MARCH 20, 1877 
From the Journal of the House of Representatives, pp. 563-567 



Senators and Representatives: 

The State Auditor, in his report, shows that on the 
first day of January last there was a balance in the treasury 
to the credit of the revenue fund, of $4,013.73. But in 
fact at that time there was not a sufficient amount of money 
in the treasury to pay the outstanding warrants drawn on 
the revenue fund. 

The Treasurer had received in pursuance of law from 
the collectors, $4,484.50 in wolf-scalp certificates, which was 
counted as cash in the treasury in the report of the Auditor; 
hence he was unable to redeem all the outstanding warrants 
which had been drawn on the revenue fund. 

During the years 1875 and 1876, the Auditor had, in 
pursuance of law, audited and adjusted demands against 
the State to the amount of $184,401.68, and for which 



138 MESSAGES AND PROCLAMATIONS OF 

amount he issued certificates of indebtedness to the claim- 
ants, because the money appropriated for the payment 
of such demands had been exhausted, or because no money 
had been appropriated for that purpose. 

A small portion only of the expenses incurred in taking 
the census was paid during the last year, and the amount 
remaining unpaid is estimated to be $54,765.00. 

Fee-bills for costs in criminal cases and other demands 
against the State were presented to the Auditor, amounting 
to about $25,000 during the latter part of last year, and 
were not audited because the money which had been ap- 
propriated for such expenses had already been exhausted. 

The St. Louis Court of Appeals was established by the 
adoption of the Constitution, and after the adjournment 
of the Legislature. No money had been appropriated 
wherewith to pay the expenses of this court. Certificates 
of indebtedness had been issued for a part of the salaries 
due the judges of that court, but there is a balance of salaries 
due them of $2,500.00 for their services last year. 

By the provisions of the Constitution, not less than 
twenty-five per cent, of the State revenue shall be annually 
set apart for the support of the public schools. During 
this month that amount has been set apart, and amounts 
to a little more than the sum of $365,000 for this year. 
This computation is based on the amount of State revenue 
received for the year commencing on the first day of March, 
1876, and ending on the last day of February, 1877. This 
sum has been transferred to fund of State school moneys, 
and probably all will be drawn from the treasury during the 
month of April. 

The general appropriation bill, as it passed the House 
of Representatives, estimating the school moneys at $365,- 
000 annually, appropriates the sum of $2,656,995, payable 
from the revenue fund for the support of the government 
for the years 1877 and 1878. But of this sum $57,265 is 
appropriated on account of deficiencies of appropriation for 
the last two years, $203,900 is to defray expenses already 
incurred, and which will be incurred during the first half 



GOVERNOR JOHN SMITH PHELPS 139 

of this year, and which are for the pay of the General As- 
sembly, its contingent expenses, paper for the public printing, 
printing reports and documents, and printing the laws and 
journals, and distributing the same. Deducting these two 
sums, amounting to $261,165 from $2,656,995, will leave 
$2,393,830 to be equally divided for the service of the years 
1877 and 1878. 

The annual amount of $1 , 196,915 

Add to this pay of General Assembly, paper, printing, etc,. . 203,900 

Certificates of indebtedness $184 ,441 

Census and salaries of Court of Appeals 57,265 

Bill of costs, etc., filed with Auditor before first of 

January, and not audited 25 , 000 266 , 666 



Total $1,667,481 

Th,is shows there will be required, in order to meet the 
current expenses of the government for this year and to pay 
deficiencies, the sum of $1,667,481. 

But the revenue this year from all sources coming into 
the revenue fund, as estimated by the Auditor, and I concur 
with him in his estimates, will amount to the sum of only 
$1,318,000, which will leave a balance of $349,471, with no 
money wherewith to pay the same. 

And if the expenditures shall not exceed the foregoing 
estimate, and the revenue shall equal the estimates of the 
Auditor for the year 1878, on the first day of January, 1879, 
the indebtedness of the revenue fund would be reduced 
to the sum of $228,386. 

Such is our financial condition. 

The Constitution prohibits any higher tax being im- 
posed on the taxable property than twenty cents on the 
hundred dollars valuation. It is estimated the taxable 
property of the State has not increased, nor is it probable 
its value has increased any considerable amount since the 
assessment for the tax of last year. 

It may be assumed the assessed value of the taxable 
property (not including the value of the railroads) is the 
same it was for the last year, $560,777,361. 



140 MESSAGES AND PROCLAMATIONS OF 1 

The costs in criminal cases will probably amount to 
the same sum they did last year, as much of the costs for 
which the State will be liable has already accrued, and will 
be regulated by existing laws. 

During the past two years, warrants were drawn on the 

Treasury, for costs in criminal cases to the amount of . . $360 4 606 . 00 

Certificates of indebtedness Ill ,547.00 

Presented to the Auditor before the first of January for 

audit 15,000.00 



Total $487 , 153 . 00 

Making an annual amount of $243 ,576 . 00 

And I know of no reason we can estimate the costs for 
this year less than they were last year, unless there shall be 
immediate legislation which shall greatly diminish the costs 
of transporting criminals to the Penitentiary, and also the 
costs attendant on the prosecution of those charged with 
crime. Such legislation I hope will be adopted, and though 
it may not materially diminish the costs in criminal cases 
during this year, I trust the expenditure under this head 
will be considerably reduced next year. 

I recommend it be provided by law that the costs of 
the term incurred by the defendant shall in no event be 
paid by the State when the defendant obtains a continuance 
of the cause, and that he shall be liable for the payment of 
the costs of the term; and furthermore, that when the State 
or county shall be liable to pay costs it shall pay to the per- 
sons entitled thereto only one-half of the amount now 
authorized by existing laws. Such was at one time the 
legislation of this State, and that too, at a time when the 
fees to which witnesses were entitled were considerably 
less than at the present time. 

Provision should be made for as prompt payment to 
those who render services for the State as is made for the 
payment of the interest accruing on the bonds of the State; 
both classes of demands are equally just and meritorious. 

As the rate of taxation on property cannot be increased, 
and as we cannot materially dimmish the expenses of the 



GOVERNOR JOHN SMITH PHELPS 141 

government for this year, and as a large amount of this 
deficiency accrued prior to this year, there seems to be no 
remedy but to resort to a loan, if speedy payment of these 
demands shall be made. 

The framers of the Constitution believed twenty cents 
on the one hundred dollars of valuation of property would 
be amply sufficient to defray the expenses of the govern- 
ment. But authority is given to make a temporary loan 
"on the occurring of an unforseen emergency or casual 
deficiency of the revenue, when the temporary liability 
incurred, upon the recommendation of the Governor first 
had, shall not exceed the sum of $250,000 for any one year, 
to be paid in not more than two years from and after its 
creation." 

A casual deficiency of revenue has occurred, and I 
recommend a loan of $250,000 be authorized, payable in 
not more than two years from and after its creation, or 
in other words, from and after the loan shall be made. 

I cannot recommend a loan for a larger sum, as the 
Constitution names the maximum amount. It is believed 
this loan can be made at six per cent, interest, and provision 
should be made for its speedy payment. 

And for the purpose of paying this debt, I respectfully 
recommend a poll-tax be levied. If the Legislature shall 
think proper to provide for levying a poll-tax, it can be 
levied this year, for the assessors have not yet made return 
of their assessment to the county court, and at any time 
prior to the delivery of the tax-book to the collectors a poll- 
tax can be added which would be collected this year. If 
such a legislation shall take place, I advise bonds be issued 
having a short time only to run say nine or twelve months, 
and that it should be provided the money arising from the 
payment of the poll-tax shall be exclusively applied to the 
payment of said bonds, and the interest on the same until 
the entire loan shall be paid. 

The Government of the United States holds twenty 
coupon bonds of this State dated May 24, 1851, payable in 
five years after their date, bearing interest at the rate of 



142 MESSAGES AND PROCLAMATIONS OF 

six per cent, per annum. It is stated these bonds are 
numbered 93 to 112, inclusive, and that the coupons due 
July 1, 1855, and thereafter are attached. 

These bonds have been due for more than twenty years, 
and the interest upon them since they have become due 
exceeds the principal. The State authorities, prior to this 
date, have recognized these bonds as genuine, but have 
required the Legislature shall direct their payment because 
of the length of time they have been outstanding. I refer 
for further information to the message of my predecessor, 
and also papers herewith submitted, showing that in con- 
sequence of the nonpayment of these bonds the five per 
cent, of the net proceeds of the sales of the public lands 
within this State, and the swamp land indemnity to which 
this State may be entitled, will be withheld by the United 
States till provision for the payment of these bonds shall 
be made. 

I recommend that the Fund Commissioners of the State 
be directed to pay these bonds, principal and interest, out 
of any money which may be in the sinking fund. The 
authorities of the United States would, no doubt, at the 
request of those officers, forward these bonds to the Assist- 
ant Treasurer at St. Louis for examination, and payment 
might be made at St. Louis, if the bonds are genuine. 

More than nineteen years had elapsed since the last 
payment of interest was made on these bonds, till the 
authorities of this State were notified the Government of 
the United States was the owner and holder of them. There 
is no doubt payment of them would have been made by 
the State if they had been presented at the treasury at the 
time they were due, or shortly thereafter. 

The Constitution provides "all revenue collected and 
moneys received by the State from any source whatever, 
shall go into the treasury, and the General Assembly shall 
have no power to divert the same, or to permit money to 
be drawn from the treasury, except in pursuance of regular 



GOVERNOR JOHN SMITH PHELPS 143 

section 19, article 10, it is claimed, every law making an 
appropriation shall distinctly specify the sum appropriated. 

There has been paid into the treasury within the last 
two years the sum of $20,923 for fees and assessments 
collected by the Superintendent of the Insurance Depart- 
ment of the State, besides other large sums sufficient to 
defray the expenses of the department, including the ex- 
penses of the clerical and actuarial force in the same, rents, 
fuel, stationery, and pay for legal services rendered the 
department. 

The act establishing the department directed the 
expenses of the department should be paid out of the fees 
and assessments provided for in the act, but the moneys 
which may be collected after the first of July, and those 
which may be collected prior to that date, if you shall so 
legislate, must be paid into the treasury. Hence a specific 
sum ought to be appropriated to defray all the expenses 
of the Insurance Department, and to be paid out of the 
Insurance Department Fund. 

So with the Penitentiary; the proceeds arising from 
the labor of the convicts will now be paid into the treasury. 
At this time the proceeds of the labor of the convicts is 
expended without any specific sum being named in the 
support of the Penitentiary. The amount received from 
this source to first of January last from the time the State 
took from the lessees the Penitentiary, is $32,002. In addi- 
tion to the amounts which it is proposed to appropriate 
for the support of the Penitentiary, all of the proceeds of 
the labor of the convicts will be required. 

I therefore recommend a specific sum be named suffi- 
ciently large to cover the earnings of the convicts, and that 
the same be paid out of the proceeds arising from the labor 
of convicts. 

JOHN S, PHELPS. 
Executive Office, March 20, 1877. 



144 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

MABCH 26, 1877 
From the Journal of Executive Business, p. 177 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI, 
March 26, 1877. 

To the President of the Senate: 

Sir 1 nominate Charles H. Hardin, of Audrain County, 
to be a member of the Board of managers of the State 
Lunatic Asylum, at Fulton, in place of C. 0. Atkinson 
resigned, and request the senate will advise and consent 
to said appointment. 

Very Respectfully, 

JOHN S. PHELPS. 



TO THE SENATE 

APRIL 19, 1877 
From the Journal of Executive Business, p, 178 



EXECUTIVE DEPARTMENT, CITY OF JEFFEBSON, MISSOURI, 
April 19, 1877. 

Senators: 

I nominate Silas Burt, Joseph O'Neil, D. Robert 
Barclay, S. Pollak, Thomas E. Tutt, and N. B. Thompson, 
of the City of St. Louis; and H. Clay Ewing, of the county 
of Cole, to be Trustees of the "Missouri Institution for the 
Education of the Blind," and request the Senate to advise 
and consent to their appointment. 

Very Respectfully 

JOHN S. PHELPS. 



GOVERNOR JOHN SMITH PHELPS 145 

TO THE SENATE 

APKIL 19, 1877 
From the Journal of Executive Business, p. 178 



EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, MISSOURI, 
April 19, 1877. 

Senators: 

I nominate and appoint as curators of the State Uni- 
versity, James S. Rollins, John S. Clarkson, and John Hin- 
ton of Boone county; Henry M. Middlekamp of Warren 
county; Alexander M. Dockery of Davis county; William 
E. Glenn and Samuel H. Headlee of Phelps county; Albert 
Todd of the City of St. Louis, and Jerry C. Cravens of 
Green county, and request the senate to confirm said ap- 
pointments. 

Very Respectfully, 

JOHN S. PHELPS. 



TO THE SENATE AND THE HOUSE OF 
REPRESENTA TI VES 

APRIL 23, 1877 
From the Journal of the House of Representatives, pp. 10&S-1084 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

April 23, 1877. 

Senators and Representatives: 

In recommending the loan of $250,000, which has been 
authorized to be made, I then informed the Legislature that 
that sum would be insufficient to meet the present necessities 
of the government. At this time the Treasurer informs 
me there is no money in the revenue fund, and though the 
Auditor may draw his warrants on the treasury, they cannot 
now be paid. I then recommended to the Legislature ad- 
ditional taxation for the purpose of being able to meet the 



146 MESSAGES AND PROCLAMATIONS OF 

payment of the bonds when they should fall due, and if 
such taxation shall take place this year, I propose some of 
the bonds shall have less than two years to run, and that 
the money received on account of the poll-tax shall be applied 
as soon as possible to the payment of a part of those bonds, 
and thereby relieve the State of the payment of interest. 

I trust the Legislature will not adjourn without making 
provision for additional revenues till the temporary in- 
debtedness shall be liquidated, and if the mode of taxation 
recommended does not meet with the approval of the Legisla- 
ture, I trust some other source of revenue will be found. 
By the adoption of the scheme and charter, the relation 
of the city of St. Louis to this State is materially changed, 
and consequently new legislation is required to provide for 
the new relation. 

We now have as executive officers, and attending upon 
the courts in the city of St. Louis to execute their process 
and orders, the sheriff and marshal of the city of St. Louis. 
I submit to you whether the law relating to sheriffs and 
marshals does not require some change. Should not the 
Statute referred to be amended, and the duties of the marshal 
and sheriff of the city of St. Louis be more clearly defined? 

And, again, should not the law in relation to writs, 
original and judicial, be modified so that those which are 
to be executed in the city of St. Louis shall be directed as 
may be defined to either the sheriff or the marshal of the 
city of St. Louis? And sometimes the coroner is required 
to perform the duties of sheriff and also of marshal, and 
I submit to you whether the statute concerning coroners 
does not require additional legislation because the coroner 
of the city of St. Louis is a city and not a county officer. 
And, again, the scheme by which the city and county were 
separated does not provide for a marshal for the county, 
and ought not the statute to be changed to correspond with 
the scheme? Surely the sheriff is sufficient to execute all 
process which may be issued to St. Louis county. 

Whilst the General Assembly has the same power over 



GOVERNOR JOHN SMITH PHELPS 147 

and counties, the city of St. Louis, unlike other cities, has 
Representatives in the General Assembly and is required to 
collect the State revenue and perform all other functions 
in relation to the State in the same manner as if it were a 
county. Under the provisions of the Constitution it may 
be contended the city has ample power by virtue of the 
provisions of its charter to provide for the assessment and 
collection of the State revenue without further legislation; 
but I think further legislation necessary. 

The greater part of the revenue of the State is collected 
by county officers. County courts and their clerks have 
much to do with the collecting of the revenue; but the city 
of St. Louis has no county court nor court corresponding 
in its functions with those duties performed by county 
courts. Hence, duties heretofore performed pertaining to 
the assessment and collection of the revenue in -the city of 
St. Louis by the county court of that county and the clerk 
of that court must now be performed by other and different 
officers, by officers of the city government. In the charter 
of the city it is provided the register shall perform such 
duties as were performed by the clerk of the county court, 
and the comptroller is required to perform such duties as 
were performed by the county court pertaining to the 
collection of the revenue. 

In this changed relation of the city of St. Louis to the 
government of the State, I recommend provisions be made 
that city officers shall discharge the duties necessary to be 
performed in the assessment and collection of the revenue. 
Legislation commencing with provision for the assessment 
of the revenue, providing for a board of equalization, and 
for some one to hear appeals from erroneous assessments 
and for collection of the revenue, and that we shall by our 
legislation require bond from the collector for the faithful 
performance of his duty, seem to be absolutely demanded; 
much revenue is received from licenses which are required 
to enable parties to engage in the following named pursuits: 
Auctioneers, keeping billard tables for public use, keepers 
of dramshops and beer houses, keepers of ferries, peddlers 



148 MESSAGES AND PROCLAMATIONS OF 

and merchants. Licenses for such purposes were issued 
by the clerk of the county court and by the county court 
of St. Louis county itself. 

By the provision of the charter of the city, licenses will 
be granted and issued for the city by the register and comp- 
troller, the one performing the duties heretofore performed 
by the clerk the other the duties which were performed 
by the county court. 

I recommend the issuing of licenses be confided by 
suitable legislation to the aforesaid city officers, and the 
collector be required to collect the revenue due thereby. 

I am informed much of the legislation which I think 
is required is provided for in bills now pending in the General 
Assembly. I furthermore recommend you provide the 
general law for the assessment and collection of the revenue 
shall prevail in the county of St. Louis, and not the laws 
which were specially provided for St. Louis county when the 
city of St. Louis was a part of the county. 

JOHN S. PHELPS. 



TO THE SENATE 

APRIL 25, 1877 
From the Journal of Executive Business, p. 179 



EXECUTIVE DEPARTMENT, CITY or JEPFEBSON, MISSOURI, April 24, 1877. 

Senators: 

I nominate and appoint Silas Woodson as manager of 
State Lunatic Asylum No. 2, in place of Elijah H. Norton, 
resigned, and request the senate to advise and consent to 
said appointment. 

Very Respectfully, 

JOHN S. PHELPS. 



GOVERNOR JOHN SMITH PHELPS 149 

TO THE SENATE 

JULY 16, UANY.?] 1877 
From the Journal of Executive Business, p. 168 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, July 16, 1877. 

To the Senate: 

I have the Honor to nominate David S. Hooper of 
Adair County (whose term of office expired in the 1st inst) 
to be Regent for Normal School District no one. I also 
nominate W. B. Hays of Schuyler County to be Regent 
for the Normal School District No one in place of Bartlett 
Anderson whose term of office expired on the 1st instant. 
And I request the advice and consent of the senate to their 
appointment. 

Very Respectfully 
(Signed) JOHN S. PHELPS 



TO THE SENATE 

JANUARY 17, 1879 
From the Journal of the Senate, p. 53 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 17, 1879. 

Hon. Henry C. Brockmeyer, President of the Senate: 

Sir I have the honor to submit herewith to the Senate, 
the eleventh biennial report of the Missouri Institution 
for the Education of the Blind; also, the report of the Board 
of Railroad Commissioners for the year ending December 
31st, 1878, and the biennial report of the Register of Lands. 

Very respectfully, 

JOHN S. PHELPS. 



150 MESSAGES AND PROCLAMATIONS OF 

TO THE HOUSE OF REPRESENTATIVES 

JANUARY 17, 1879 
Prom the Journal of the House of Representatives, p. 84 

EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 17, 1879. 
H on. J. Edward Belch, Speaker of the House of Representatives: 
Sir I have the honor to submit herewith to the House 
of Representatives the report of the Board of Railroad 
Commissioners for the year ending December 31, 1878, and 
the biennial report of the Register of Lands. 

Very respectfully, 

JOHN S. PHELPS. 



TO THE SENATE 

JANUARY 20, 1879 
From the Journal of the Senate, p, 62 

EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 20, 1879. 
Hon. Henry C. Brockmeyer, President of the Senate: 

Si r i have the honor to submit to the General As- 
sembly, the report of the Superintendent of Public Schools 
made to me last January, in compliance with the provisions 
of the 68th section of the act for the organization, supervision 
and maintenance of common schools. 

Very respectfully, 

JOHN S. PHELPS- 



TO THE HOUSE OF REPRESENTATIVES 

JANUARY 21, 1879 
From the Journal of the House of Representatives, pp. 131-133 

EXECUTIVE OFFICE, CITY OF JEFFERSON, January 21, 1879. 

Sir It is provided "the State Treasurer shall, im- 
mediately after his election or appointment, execute and 
deliver to the Governor a bond to the State in the sum of 



GOVERNOR JOHN SMITH PHELPS 151 

one million dollars, with no less than ten securities, to be 
approved by the Governor, conditioned for the faithful 
performance of all the duties required, or which may be 
required of him by law, and for the safety of the State's 
funds and securities in his custody, which bond shall be 
renewed every two years." At the time this law was enacted, 
the term of office of the Treasurer was only two years. 
It was further provided that if the Treasurer shall fail to 
give his official bond, as required by law, within sixty days 
from the day he shall receive his certificate of election or 
appointment, his office shall thereby be forfeited. The 
State Treasurer did give his official bond on the 8th day of 
January, 1877, which is the date of his commission, and 
within sixty days from the day he received his certificate of 
election; and therefore his office cannot be declared for- 
feited. The statute further provides, to relieve all doubt, 
that "the securities of any treasurer, or auditor, shall be 
held responsible for all acts of their principal till his successor 
is elected or appointed, commissioned and qualified." The 
State Treasurer has presented to me a bond for my ap- 
proval. I cannot approve it, although the sureties justify, 
in the aggregate, to more than one million of dollars, for 
only a small portion of the means of one of the wealthiest 
sureties is within the jurisdiction of this State. Hence, if 
the State should seek redress from the sureties, it might 
be compelled to go to other jurisdictions to prosecute its 
suits. 

This bond is presented in renewal of the bond given 
when he entered on the discharge of his duties as Treasurer, 
I have no power to compel the Treasurer to renew his bond. 
I have delayed making a communication of this important 
matter to the General Assembly, because I have expected 
a bond, with good and sufficient sureties, would be tendered 
for my approval. According to the terms of the law, the 
office is not forfeited, nor is there a vacancy. The office 
is not forfeited, because it is not declared if the Treasurer 
shall fail to renew his official bond at the expiration of 
two years, the office shall be forfeited. This law was made 



152 MESSAGES AND PROCLAMATIONS OF 

to require a new bond when a Treasurer should be re-elected, 
and since the tenure of the office of Treasurer has been en- 
larged, with immediate ineligibility, the law has not been 
changed to meet such exigency. 

Additional legislation is requisite to accomplish the 
object intended. The Treasurer's bond should be renewed 
at least every two years, and oftener if the surety shall 
become inadequate. The penalty for not renewing the 
official bond at the expiration of two years, or when the 
sureties shall have died, removed from the State, or become 
insolvent, and a new bond shall be required, should be re- 
moval from office, and this to be done with the advice of 
the Attorney-General, or the advice of a Judge of the 
Supreme Court. 

A bond with a smaller penalty than one million dollars 
perhaps in the sum of from $500,000 to $750,000 would 
be amply sufficient to insure the faithful performance of the 
duties of State Treasurer, and to secure the State from loss, 
provided there were suitable and proper laws to enforce 
the provisions of the 15th section of the 10th article of the 
Constitution, and provided also, that the Public School 
Fund and the Seminary Fund of the State shall be made 
safe in the manner recommended by me in my message, 
or in some other equally secure manner. It is a difficult 
matter to give security for one million of dollars, and a 
bond for a less amount may be good security to the State 
for the moneys which may be in the custody of the State 
Treasurer. I hope the General Assembly will speedily legis- 
late on this subject and prescribe how the moneys of the State 
shall be deposited with banks, and the kind of security which 
shall be required, and whether the penalty of the bond of the 
Treasurer shall be of less amount than now prescribed, and 
also when the office of Treasurer shall be forfeited. 

In my opinion, the deposit of the money of the State 
with banks, with or without interest, except a small amount 
for the purpose of paying creditors in distant parts of the 
State, is bad policy; but it is a constitutional requirement, 
and must be obeyed. JOHN S- PHELPS . 



GOVERNOR JOHN SMITH PHELPS 153 

TO THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 1879 
From the Journal of the House of Representatives, pp. IS9-1 40 



EXECUTIVE OFFICE, CITY OF JEFFERSON, January 23, 1879. 

Sir I have the honor to submit to the General As- 
sembly, in compliance with the provisions of the eighth 
section of the fifth article of the Constitution, a full list of 
all persons to whom pardons, reprieves or commutations 
of punishment have been granted by me from the 8th day 
of January, 1877, to the 1st day of January, 1879. It is 
provided that when any convict shall have behaved to the 
full satisfaction of the Inspectors, according to the rules and 
regulations of the prison, at the expiration of three-fourths 
of the time for which such person was sentenced, the In- 
spectors shall " write and sign a testimony" to that effect, 
with a recommendation such person be pardonecj, which 
shall be presented to the Governor. The regulation is 
wise and beneficent. The reward for compliance with the 
prison regulations, and meritorious conduct, is a diminution 
of the term of imprisonment. Seldom are pardons refused 
at the expiration of three-fourths of the term for which the 
convict is sentenced, when the pardon is recommended by 
the Inspectors of the Penitentiary. Upon the recommenda- 
tion of the Inspectors, and in accordance with the provisions 
of the law, I have granted 969 pardons during the time 
aforesaid. I have commuted the punishment of death in 
four cases to imprisonment in the Penitentiary. I have 
granted twenty- two pardons to persons confined in jails 
and work houses, and have granted ninety-three full pardons. 
Lieut. Gov. Brockmeyer, whilst I was absent from the State, 
granted ten pardons. A list of the persons who have been 
the recipients of clemency, with reasons for granting same, 
is herewith submitted. 

Very respectfully, 

JOHN S. PHELPS. 



154 MESSAGES AND PROCLAMATIONS OF 

TO THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 1879 
From the Journal of the House of Representatives, p. 174 



EXECUTIVE OFFICE, JEFFERSON CITY, January 28, 1879. 
Hon. J. Ed. Belch, Speaker House of Representatives: 

Sir I have the honor to submit the first report of 
John Reid, Esq., Fish Commissioner of this State, showing 
what measures have been taken to increase the supply of 
food-fish in the streams of this State. I am of opinion a 
larger sum of money can be profitably expended in stocking 
the streams of our State with fish, than was appropriated 
for that purpose. 

Very respectfully, 

JOHN S. PHELPS. 



TO THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 1879 
From the Journal of the House-of Representatives, p. 188 



EXECUTIVE OFFICE, JEFFERSON CITY, January 28, 1879. 

Hon. J. Ed. Belch, Speaker of the House of Representatives: 
Sir I have the honor to submit to you a report from 
the Board of Managers of State Lunatic Asylum No. 2, 
announcing the total destruction of that Asylum on the 
25th inst, by fire. 

More than two hundred patients were in the Asylum 
at the time of the destruction, and, at the present time, 
these people are dependent on the charity of the citizens 
of St. Joseph for shelter and support. This is not the time 
to consider the question of rebuilding that Asylum. We 
must, first, provide for the health and comfort of these 



GOVERNOR JOHN SMITH PHELPS 155 

quired. The act of 1875 prohibits the officers having con- 
trol of educational, eleemosynary or other public institu- 
tions belonging to the State, from contracting, for the use 
of such institutions, any debt for which there shall not be, 
at the time, any adequate appropriation. The appropria- 
tion for the support of that Asylum is already exhausted, 
and therefore, the managers are prohibited from making 
contracts for the care, support and protection of these 
people. I recommend an appropriation be made for the 
immediate relief of those who were inmates of the Asylum 
at the time of its destruction. 

Perhaps some of those patients may be taken care of 
at the Asylum at Fulton. It may be advisable to send 
another portion of them to their homes, and others may be 
taken care of at St. Joseph. Justice and humanity demand 
prompt action. A committee of the Board of Managers 
of that Asylum is in this city, and will be glad to furnish 
any further information which may be required. 

Very respectfully, 

JOHN S. PHELPS. 



TO THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 1879 
From the Journal of the House of Representatives, p. 204 



EXECUTIVE OFFICE, JEFFERSON CITY, January 31, 1879. 

Hon. J. Ed. Belch, Speaker House of Representatives: 

Sir I have the honor to submit herewith reports of 
the Adjutant-General of this State, for the years ending 
December 31, 1877, and December 31, 1878. 

Very respectfully, 

JOHN S. PHELPS. 



156 MESSAGES AND PROCLAMATIONS OF 

TO THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 1879 
From the Journal of the House of Representatives, p. 255 



EXECUTIVE OFFICE, CITY OF JEFFERSON, February 5, 1879. 

Hon. J. Ed. Belch, Speaker House Representatives: 

Sir I have the honor to submit the enclosed estimate 
of the contingent expenses of the office of Governor for the 
years 1879 and 1880, in reply to the resolution of the House 
of Representatives, adopted on the 31st ult. The business 
of the office is increasing and that brings slightly increased 
expenditure. It is impossible to foretell exactly what 
expenditures, and how much, will be required. No money 
will be expended under this head of appropriation, except 
that which will be absolutely necessary. 

Very respectfully, 

JOHN S. PHELPS. 

Estimate of contingent expenses of Governor for the 
years 1879 and 1880: 

Postage $320.00 

Janitor, under the present management 420.00 

Telegraph dispatches 180 . 00 

Traveling expenses of self, and others, on business of State 200 . 00 

Ice 40.00 

Repairs of Furniture, (books, probably) 30 . 00 



Tota l $1 , 190 00 

JOHN S. PHELPS. 



GOVERNOR JOHN SMITH PHELPS 157 

TO THE SENATE 

FEBBUARY 11, 1879 
From the Journal of Executive Business, p. 189 



EXECUTIVE OFFICE, CITY OF JEFFERSON, February 11, 1879. 

Sir I nominate: 

Joseph K. Rogers, of Boone Co. 
John Walker of Howard Co. and 
Wm. E. Glenn of Phelps Co. to be Curators of 
the State University for the term of six years; 

I nominate 

Chas. C. Bland, of Phelps Co. 

(Vice Headlee, resigned) 
Wm. H. Lackland, of the City of St. Louis, 

(Vice Perry, resigned), 

to be curators of the State University for the term of 2 
years, and I request the consent of the Senate to their 
appointment. 

Very Respectfully, 

JOHN S. PHELPS. 
To Hon Hy C Brockmeyer 
President of the Senate 



TO THE SENATE 

FEBRUARY 11, 1879 
From the Journal of Executive Business, p. 190 



EXECUTIVE OFFICE, CITY OF JEFFERSON, February 11, 1879. 

Sir I hereby appoint James C. Nidelet and Wm. M. 
Ladd of the City of St. Louis to be Police Commissioners 
of the City of St. Louis for the term of 4 years, and David 



158 MESSAGES AND PROCLAMATIONS OF 

H. Armstrong of the City of St. Louis to be a Police com- 
missioner of the City of St. Louis for the term of 2 years. 
And I do hereby request the advice and consent of the 
Senate to their appointment. 

Very Respectfully 

JOHN S. PHELPS. 
To Hon. H. C. Brockmeyer 
President of the Senate 



TO THE SENATE 

FEBRUARY 12, 1879 
From the Journal of Executive Business, p. 190 



EXECUTIVE OFFICE, CITY OF JEFFERSON, February 12, 1879 

Sir I nominate: Dr. E. M. Kerr, (Vice McFarlane 
resigned), 

Philip E. Chappell, (Vice Atkinson resigned), 
James H. Yureman, (Vice Richenbaugh, resigned), 
to be managers of the State Lunatic Asylum at Fulton, all 
for the term ending 6th of Feb. 1881, and I respectfully 
request the advice and consent of the Senate to their ap- 
pointment. 

Very Respectfully 

JOHN S. PHELPS. 
To Hon H C Brockmeyer 
President of the Senate 



TO THE SENATE 

FEBRUARY 14, 1879 
From the Journal of Executive Business, p. 



EXECUTIVE OFFICE, CITY OF JEFFERSON, February 14, 1879. 

Sir I do hereby appoint John E. Ryland, of LaFayette 
County and A. W. Rogers of Johnson County Regents for 
Normal School, District No 2 for the term of 6 years, ending 



GOVERNOR JOHN SMITH PHELPS 159 

on the 1st of January 1885. And I respectfully ask the 
advice and consent of the Senate to their appointment. 

Very Respectfully 

JOHN S. PHELPS. 
To Hon. H. C. Brockmeyer 
President of the Senate 



TO THE SENATE 

FEBRUARY 18, 1879 
From the Journal of Executive Business, p. 



EXECUTIVE OFFICE, CITY OF JEFFERSON, February 19, 1879. 

Sir I nominate John M. Oldham, of Adair County 
and J. M. McKim of Knox County to be regents of State 
Normal School No 1, at Kirksville for the term expiring 
1st of January 1885 and I respectfully ask the advice and 
consent of the Senate to their appointment. 

Very Respectfully 

JOHN S. PHELPS. 
To Hon Henry C Brockmeyer 
President of the Senate 



TO THE SENATE 

APRIL 14, 1879 
From the Journal of Executive Business, p. 197 



EXECUTIVE OFFICE. JEFFERSON CITY, MISSOURI, April 14, 1879. 

Sir I nominate Lt. Col. Charles W. Squires to be a 
Brigadier General of the National Guards of this State, 
and I respectfully request the Senate to advise and consent 
to his appointment. 

Very Respectfully 

JOHN S. PHELPS. 
Hon. H C Brockmeyer 
President of the Senate 



160 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

APRIL 16, 1879 
From the Journal of Executive Business, p. 198 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, April 16, 1879. 

Sir I nominate Leslie A. Moffett and John D. Finney 
to be Police Commissioners of the City of St. Louis, each 
for the term ending on 1st of January 1883, the first named 
in place of John G. Priest, and the other in place of Jas. 
C. Nidelet, whose terms of office have expired. 

I respectfully ask the Senate to advise and consent 
to their appointment. 

Very Respectfully 

JOHN S. PHELPS. 
Hon. H C Brockmeyer 
President of the Senate 



TO THE SENATE 

APRIL 16, 1879 
From the Journal of Executive Business, p. 199 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, April 16, 1879. 

Sir 1 nominate Richard M. Scruggs of the City of 
St. Louis to be a Trustee of the Missouri Institution for the 
Education of the Blind to fill the vacancy occasioned, by 
the resignation of Silas Bent to hold for the residue of the 
unexpired term, till the 27th of February 1881. I respect- 
fully request the advice and consent of the Senate to his 
appointment. 

Very Respectfully, 

JOHN S. PHELPS. 
Hon H C Brockmeyer 
President of the Senate 



GOVERNOR JOHN SMITH PHELPS 161 

TO THE SENATE 

APRIL 16, 1879 
From the Journal of Executive Business, p. 200 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, April 16, 1879. 

Sir I nominate Ashley W. Ewing, of Cole County as 
a member of the Board of Regents for Normal School 
District No 2 for the term ending 1st January 1881, to fill 
the vacancy occasioned by the removal from the State of 
Samuel Martin; and I request the advice and consent of 
the Senate to his appointment. 

Very Respectfully, 

JOHN S. PHELPS. 
Hon H C Brockmeyer 
President of the Senate 



TO THE SENATE AND THE HOUSE OF 
REPRESENTA TI VES 

APRIL 22, 1879 
From the Journal of the Senate, pp. 59S-597 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, April 22, 1879. 

Senators and Representatives: 

On the first day of June next $250,000 revenue bonds 
in this State will become due, which were issued in pursuant 
of a law enacted by the last Legislature. Shortly after 
my inauguration, I discovered large liabilities had been 
incurred during the preceding two years, in excess of the 
appropriations made for that purpose. These liabilities 
had not been improperly incurred, and no doubt would have 
been paid if the money appropriated for such objects had 
not been already exhausted. To provide for the payment 
of these liabilities, "An act to appropriate money for the 



162 MESSAGES AND PROCLAMATIONS OF 

deficiencies in the appropriations for the years 1875 and 
1876" was passed, and the sum of $269,567.96 was ap- 
propriated for that purpose. In consequence of these and 
other existing liabilities the loan for $250,000 was authorized. 
A larger sum would then have been asked for, but for the 
constitutional prohibition. These bonds are payable out 
of the revenue fund, and there is not, and will not be, money 
in the Treasury wherewith to pay them. I therefore rec- 
ommend provision be immediately made for the issue of 
$250,000 coupon bonds, due and payable within two years 
from their date, with interest at the rate of 6 per cent, per 
annum, payable semi-annually, and that the said bonds 
or their proceeds be exchanged for the outstanding revenue 
bonds, and that $250,000 be appropriated for that purpose. 
By an act of the Legislature, approved on the 15th 
March last, provision was made that the Treasurer should, 
within thirty days from that date give a new bond, with 
sufficient securities, or vacate his office. That act provided 
the bond should be for $500,000, whilst the law which was 
in force when he first entered on the discharge of his duties 
as Treasurer required a bond for $1,000,000. The number 
of sureties not less than ten is prescribed by the former 
and present laws. On Saturday evening, the 12th inst., the 
Treasurer presented to me his bond for approval. There 
were twelve sureties on his bond, and each has justified, 
in the manner required by law, "that he was worth the 
amount set opposite his name, after the payment of all 
debts, for which he is in anywise bound or liable." With 
some of the sureties I had no personal acquaintance, nor 
had I any personal knowledge of the property they owned, 
its nature, where situated, or their liabilities. Nor does 
the law provide any means whereby the Governor can 
investigate such matters. If the bond had not been ap- 
proved on or before the 14th inst., the office of Treasurer, 
by the terms of the law, would have become vacant. One 
or two of the sureties justified in this city. . The sureties 
swore they were worth sums which aggregated $615,000 or 
$115,000 in excess of the amount required by the law. 



GOVERNOR JOHN SMITH PHELPS 163 

Upon the evidence presented to me, which was their own 
affidavits, I pronounced the sureties good and sufficient. 
I approved of the bond on Monday, the 14th inst., and it 
is on file in the office of the Secretary of State. 

The names of the sureties, and the sums they severally 
swore they were worth, are as follows: 

Calvin F. Burnes $300,000.00 

Alex. Young 20,000.00 

John J. Daly 10,000.00 

Quintus Price 20,000.00 

William Carter 75,000.00 

L. N. Crawford 35,000.00 

Hugh L. Fox 50,000.00 

Thos. Thoroughman 20,000.00 

Jno. R. Farrar 25,000.00 

Fielding Burnes 40,000 .00 

C. H. Lamar 5,000.00 

Tennessee Matthews 15,000.00 

It is necessary to reduce the expenditures of the State, 
or to increase its revenues, or to do both. The revenue is 
not adequate to defray expenses of the State government, 
liquidate its indebtedness, payable from the revenue fund, 
and to provide for such casualties as may occur. The 
rebuilding of the Lunatic Asylum is required by justice 
and humanity. The outstanding revenue bonds should 
not be renewed after this year. If the Legislature should 
levy a poll-tax, it can be collected this year, and enable a 
portion of these bonds to be paid before the expiration of 
two years, and work to be commenced on the asylum this 
year, and, if not completed this year, to be completed at 
an early period next year. There will be greater delin- 
quencies in the collection of the poll-tax than in the collec- 
tion of a tax on property, and this delinquency should be 
considered. If the Legislature will impose a poll-tax of 
one dollar on every male person of the age of twenty-one 
and upwards, the revenue bonds can be liquidated within 
the ensuing two years, and the treasury be relieved of its 
other embarrassments. 



164 MESSAGES AND PROCLAMATIONS OF 

The Treasurer, in his biennial report, stated that there 
was a balance in treasury on the first of January last, of 
$472,465,92, which belonged to the following funds: 

State Revenue Fund $177 ,418.06 

State Interest Fund 156,039.79 

State School Fund 457 . 11 

State School Moneys 120,828.48 

State Seminary Fund 95 . 08 

State Library Fund 1 , 355 . 30 

Redemption of Land Fund 9 . 58 

Insurance Department Fund 2 ,964 . 29 

Road and Canal Fund 412.49 

Executor's and Administrator's Fund 12,885.74 



$472,465.92 
And deposited and held as follows: 

Bank of Commerce, St. Louis ' $122,303.37 

National Bank, State, St. Louis 3,045.25 

The Mastin Bank, Kansas City 286 , 187 . 80 

Deposited with Reid and Chrisman 5 , 000 . 00 

Clinton County Bonds, (in vault) 49,000.00 

Wolf scalp certificates, (in vault) 4,432.00 

Currency, (in vault) 2 ,497 . 50 



$472,465.92 

The only sums available at that date were the deposits 
in the Bank of Commerce $122,303.37 and the currency 
in vault $2,497.50 making $124,800.87. The other items 
in the last statement are not available. The money de- 
posited in the Mastin Bank is money deposited by the 
Treasurer to his own credit, and a portion of it deposited 
when the bank was said to be in failing circumstances. The 
transactions of the Treasurer with that bank have been so 
managed and conducted that the whole claim of Col. Gates 
against that bank is in dispute, and has recently been 
disallowed by the assignee of said bank. It is just to state 
that an appeal has been taken by Col. Gates from this 
decision. If that bank was used merely as a place of deposit 
of money by CoL Gates, it is singular that his account 
against the bank should be disputed. With respect to 
another item of $49,000 Clinton Countv Bonds. I am not 



GOVERNOR JOHN SMITH PHELPS 165 

yet advised that the State is the owner of them. I am 
informed these bonds came from the bank of St. Joseph 
a bank at all times solvent and why county bonds should 
be received in his transactions with that bank, with the 
expectation the State will take them as cash, I cannot 
imagine. But the following sums were not, nor are they 
now, available: 

National Bank, State, St. Louis $3,045.25 

Mastin Bank, Kansas City 286,187.80 

Deposited with Reid and Chrisman 5,000.00 

Clinton County Bonds 49,000.00 



Total $343,233.05 

This amount of $343,233.05, in my opinion, will not 
be available during the next twelve months, and probably 
not then. It matters but little to what fund it belongs. 
The money belongs to the people was collected from them 
and its place must be supplied by other money collected 
from them. If this sum belongs to the interest fund, then 
it could now be applied to the payment of $340,000 of the 
bonds of the State, and stop interest on that sum, amounting 
to more than $20,000 annually. If any portion of that sum 
belongs to the revenue fund, then that fund is embarrassed 
to that extent. And if the same shall not be paid by the 
Treasurer and his sureties, and if it cannot be collected by 
law, then have the people lost that sum of money. 

Since the Treasurer has given a new bond, a settlement 
should be made between the Treasurer and the State. 
Difficulties may arise which can now be avoided. The 
sureties on the bond first given by the Treasurer are liable 
for any delinquency, neglect or misconduct of the Treasurer, 
which occurred prior to the approval of the new bond, and 
if the money for which the Treasurer is accountable shall 
not be adjusted and paid to the State, I advise authority 
be given that a suit be commenced, on that bond, against 
the Treasurer and all his sureties. But whether this shall 
be done or not, it is proper the sureties on the new bond 
shall know for what sums of money they are responsible, 



166 MESSAGES AND PROCLAMATIONS OF 

and therefore justice requires that this settlement shall 
be speedily made. The matter rests with you to have this 
settlement made, as does also the authority to commence 
suit against the Treasurer on his bond. I have no authority 
in the premises, nor has any other executive officer such 
authority. 

The State has received from time to time, and probably 
will receive, money on account of the sale, by the govern- 
ment of the United States, of lands which had been duly 
and properly selected as swamp land. Such lands were 
granted by the United States to this State, and the State 
donated the lands to the counties in which they were situated. 
The law requires the Register of Lands to pay the money 
he may receive into the State treasury, to the credit of the 
county to which said money belongs. And the law provides 
the Treasurer shall pay said money to the county entitled 
thereto. This law was enacted many years ago, and has 
been abrogated by the 19th section of the 10th article of the 
Constitution, which provides: "No moneys shall ever be 
paid out of the treasury of this State, or any of the funds 
under its management, except in pursuance of an appropria- 
tion; nor unless such payment be made or a warrant shall 
have issued therefor within two years after the passage 
of such appropriation act." 1 recommend the sum of 
$20,000 or so much thereof as may be necessary, be ap- 
propriated for the purpose of paying to the counties entitled 
thereto such sums of money as may be paid into the State 
treasury by the government of the United States as in- 
demnity for swamp land sold by the United States. .1 
also advise this appropriation be made available im- 
mediately, as there is some money which can be paid now 
to some counties. 

I hope the legislature will not adjourn without reducing 
costs in criminal cases. I can but reiterate the opinion I 
expressed in my message at the commencement of this 
session of the legislature, except to advise that where 
persons shall be confined in jail before or after trial, the 
expenses of the support of the prisoner in jail shall be borne 



GOVERNOR JOHN SMITH PHELPS 167 

by the county wherein the prosecution was commenced. 
Such a course will throw upon counties a burden now borne 
by the State, but will have a tendency to reduce those 
expenditures. 

JOHN S. PHELPS. 



TO THE SENATE 

APRIL 22, 1879 
From the Journal of the Senate, p. 602 



EXECUTIVE OFPICE, JEFFERSON CITY, MISSOURI, April 22, 1879. 

Hon. H. C. Brockmeyer, President of the Senate: 

Sir I have the honor to submit herewith the report 
of the Fund Commissioners of this State, which was pre- 
sented to me by them on yesterday 

Very respectfully, 

JOHN S. PHELPS. 



TO THE SENATE 

MAY 5, 1879 

From the Journal of Executive Business, p. 200 



EXECUTIVE OFFICE, JEFFERSON CITY, May*5, 1879. 

Sir I respectfully nominate the following named 
persons of Buchanan County to be managers of State 
Lunatic Asylum No 2 for the term ending on the 1st Day 
of March 1882: 

Rufus L. McDonald, A. H. Vories, John Doniphan, 
J. Malin, Edward A. Donelan, Jas. H. R. Cundiff, Silas 
Woodson. 

Messrs. Malin and Donelan are now practitioners of 
medicine. 

Very Respectfully 

JOHN S. PHELPS. 
Hon H C Brockmeyer 
President of the Senate 



168 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

MAY 19, 1879 
From the Journal of Executive Business, p. 201 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, May 19, 1879. 

Sir I nominate Andrew McKinley of the City of St. 
Louis to be State Superintendent of Immigration, Henry 
Clay Dean of Putnam County and John M. Richardson of 
Jasper County to be Commissioners of Immigration; 

Said persons to hold their respective offices for the 
term of 4 years from the 1st day of January 1879. I re- 
spectfully ask the advice and consent of the Senate to their 
appointment. 

Very Respectfully 

JOHN S. PHELPS. 
Hon H C Brockmeyer 
President of the Senate 



TO THE HOUSE OF REPRESENTA TI VES 

MAY 19, 1879 
From the Journal of the House of Representatives, p. 1688 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, May 19, 1879, 

Hon. J. Ed. Belch, Speaker House of Representatives: 

Sir In compliance with the request of the House of 
Representatives of this date, I have the honor to transmit 
herewith House bill No. 119. 

Very respectfully, 

JOHN S. PHELPS. 



GOVERNOR JOHN SMITH PHELPS 169 

TO THE SENATE 

JANUARY 8, 1881 
From the Journal of the Senate, p. 89 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 8, 1881. 

Sir I have the honor to submit herewith the report of 
the Commissioners who were appointed by me to superin- 
tend the rebuilding and refurnishing the Lunatic Asylum 
at St. Joseph, accompanied by a report of S. V. Shipman, 
the architect. The Commissioners recommend the farther 
appropriation of $5,000 for completing and fitting some 
rooms in the fourth story of said building. The sum named, 
I think, is reasonable and proper. 

The Commissioners have also filed in the Executive 
office, in compliance with said act, the books of accounts, 
showing the receipts and disbursements on account of said 
building, with vouchers therefor, bids, contracts and bonds 
for the performance of the contracts, which are subject to 
the inspection and orders of the Legislature. 

Very respectfully, 

JOHN S. PHELPS. 



TO THE SENATE 

JANUARY 8, 1881 
From the Journal of the Senate, p. 89 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 8, 1881. 

Sir I have the honor to transmit herewith to the 
General Assembly the Biennial Report of Hon. James E, 
McHenry, Register of Lands, showing the transactions of 
his office during the years 1879 and 1880. 

Very Respectfully, 

JOHN S. PHELPS. 



170 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

JANUARY 10, 1881 
From the Journal of the Senate, p. 4.3 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 10, 1881. 

Sir I have the honor to submit the report of the 
Adjutant and Acting Paymaster-General Mitchell, made 
to me of his action in the premises in requesting, on behalf 
of this State, that the Secretary of the Treasury shall, in 
compliance with the act of Congress, approved January 
27th, 1879, duly consider and report the amount which may 
be found due to this State, on account of military services 
rendered in concert "with the troops of the United States in 
the suppression of the late rebellion. 

Very respectfully, 

JOHN S. PHELPS, Governor. 



TO THE SENATE 

JANUARY 10, 1881 
From- the Journal of the Senate, p. 43 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 10, 1881. 

Sir I have the honor to transmit the report made by 
the State Auditor to me, showing the condition of the State 
Interest and Sinking Funds on the first inst Also, the 
amount of the bonded debt of the State, the date when the 
different series of the bonds will become due, and the year 
in which portions of the debt may be redeemed. 

Very respectfully, 

JOHN S. PHELPS, Governor. 



GOVERNOR JOHN SMITH PHELPS 171 



PROCLAMATIONS 



OFFERING A REWARD 

JANUARY 23, 1877 
From the Register of Civil Proceedings, 1874-1878, pp. S46-847 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI, 
January 23, 1877. 

WHEREAS, it has been made known to me that John 
Lawrence, sentenced to death, C. C. Thompson and 
Alexander Broughton, indicted for the crime of murder 

committed upon the body of Sullivan in Buchanan 

county Mo. William Johnson, charged with robbery, John 
Sullis, charged with grand larceny, and James Martin, 
charged with grand larceny were confined in the jail of 
Buchanan county. 

AND, WHEREAS, it has further been made known to 
me that the said parties, on the night of the nineteenth day 
of January, 1877, did break prison, and are now at large, 
and have fled from justice. Now THEREFORE I, John S. 
Phelps, governor of the state of Missouri, do hereby offer 
the following rewards for the arrest and delivery of said 
fugitives to the sheriff of Buchanan county: 

For said John Lawrence, Three hundred dollars; For 
said C. C. Thompson and Alexander Broughton, each, the 
sum of Two hundred and fifty dollars; For said William 
Johnson, John 'Sullis and James Martin each the sum of 
Two hundred dollars; said reward to be paid upon the pro- 
duction of the receipt of the sheriff of said Buchanan county 
for the bodies respectively of said fugitives. 



172 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(SEAL) the state of Missouri. Done at the city of 

Jefferson this 23rd day of January A. D. 1877. 

JOHN S. PHELPS. 
By the governor, 

MlCHL. K. McGRATH 

Secy of State 



Description of fugitives: 

John Lawrence is about 26 years of age 6 feet one inch 
high, dark complexion, dark brown hair and blue eyes; 
is a native of Ohio. 

C. C. Thompson is about 5 feet 6 inches high, round 
face, dark complexion, black eyes and black hair, heavy 
eyebrows. William Johnson is about 27 years old, 5 feet 
6 inches high, dark complexion, dark hair and black eyes, 
rather thin faced with high forehead; a native of Ohio, and 
by occupation a shoemaker. 

Alexander Broughton is about 30 years of age 5 feet 
8 inches high, light complexion, blue eyes, light hair, heavy 
moustache, very high forehead full temples and prominent 
cheek bones; 

John Sullis is about 22 years of age, dark hair blue 
eyes, low forehead, large light moustache, rather coarse 
man, about 5 feet 9 inches high, German descent. James 
Martin is about 34 years old, about 5 feet 10 inches in 
height, light hair, grey eyes, sandy complexion red chin 
whiskers and moustache, with right arm off below the elbow. 
A native of England. 



GOVERNOR JOHN SMITH PHELPS 173 

OFFERING A REWARD 

MAY 8, 1877 
From the Register of Civil Proceedings, 1874*18? 8, p. $87 



WHEREAS, Richard Henson and Jane Adison, alias 
Jane Henson, stand charged by indictment in the circuit 
court of St. Charles county Missouri, with the murder of 
William Adison on or about the tenth da^ of October A. D. 
1876, and Whereas, the said Richard Henson and Jane 
Adison alias Jane Henson, are now at large and fugitives 
from justice, and cannot be arrested by ordinary criminal 
process, Now Therefore: I, John S. Phelps, governor of 
the state of Missouri, by virtue of the authority of law in 
me vested, do by this my proclamation offer a reward of 
One hundred dollars for the arrest and delivery of each of 
the aforesaid fugitives to the sheriff of St. Charles county, 
Missouri, said reward to be paid upon the production of the 
receipt of the sheriff of said county for the body or bodies 
of the fugitives aforesaid. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(SEAL) the state of Missouri. Done at the city of 
Jefferson this eighth day of May A. D. 1877. 

JOHN S. PHELPS. 
By the governor: 

MlCHL. K. McGRATH 

Secretary of State. 

Description of fugitives: 

Richard Henson has black hair, dark complexion, 
straight nose, about five feet eight inches high well made 
weighs about 160 Ibs. & between 25 and 30 years of age. 

Jane Adison alias Jane Hensen is of medium size, middle 
aged, light hair, red or freckled face, hard features blueish 
eyes and masculine voice. 



174 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

MAY 8, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 888 



WHEREAS James Bishop stands charged by indictment, 
in the circuit court of Maries county, Missouri, with the 
murder of David Hoops on the sixteenth day of May A. D. 
1874, and Whereas the said James Bishop is now at large 
and a fugitive from justice, and cannot be arrested by or- 
dinary criminal process, Now Therefore I, John S. Phelps, 
governor of the state of Missouri, by virtue of the authority 
of law in me vested, do by this my proclamation offer a 
reward of two hundred dollars for the arrest and delivery 
of the body of the said James Bishop to the sheriff of Maries 
county, Missouri, at any time within one year from the 
date of this proclamation. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(SEAL) the state of Missouri. Done at the city of 
Jefferson this eighth day of May A. D. 1877. 

JOHN S. PHELPS. 
By the governor 

MlCHL. K, McGRATH 

Secretary. 



OFFERING A REWARD 

MAY 9, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 389 

WHEREAS Michael Shroyer stands charged by indict- 
ment in the circuit court of Boone county, Missouri, with 
the murder of Permelia Ann Sbroyer in October 1876, and 
WHEREAS the said Michael Shroyer is now at large and a 



GOVERNOR JOHN SMITH PHELPS 175 

fugitive from justice, and cannot be arrested by ordinary 
criminal process Now THEREFORE I, John S, Phelps, 
governor of the state of Missouri by virtue of the authority 
of law in me vested, do hereby offer a reward of two hundred 
dollars for the arrest of the said Michael Shroyer and his 
delivery to the sheriff of Boone county, Missouri. Said 
reward to be paid upon the production of the receipt of the 
sheriff of said county for the body of the fugitive aforesaid. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the great seal of 
(SEAL) the state of Missouri. Done at the city of 
Jefferson this ninth day of May A. D. 1877. 

JOHN S. PHELPS. 
By the governor: 

MlCHL. K. McGRATH, 

Secretary of State. 

Description of fugitive: 

Michael Shroyer is about forty five years of age five 
feet ten inches high weighs about one hundred and sixty 
pounds; dark hair little grey, black beard, square shoulders, 
high cheek bones dark complexion, heavy eyebrows, dark 
eyes, left hand crippled, fingers drawn down, snappish 
voice, illiterate. 



ON THE REPEAL OF CERTAIN PROCLAMATIONS 

MAY 21, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 895 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, many proclamations have been issued by my 
predecessors for the arrest and surrender to the proper 
authorities of fugitives from justice, and in many cases the 
witnesses by whom the guilt of said fugitive could b$ 



176 MESSAGES AND PROCLAMATIONS OF 

lished have died or have removed from the state so that the 
prosecution of said malefactors would be unavailing and 
the state subjected not only the expense of prosecution but 
also to the payment of large sums for rewards. Therefore 
I do hereby make known that all proclamations issued by the 
governors of this state prior to the first day of January 
1877, offering rewards for the capture and surrender of 
fugitives from justice are hereby revoked, and that no 
reward will be paid for the arrest of said fugitives made 
after this date arrested under said proclamations. In all 
proper cases rewards will again be offered if shown to be 
advisable. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(SEAL) the state of Missouri. Done at the city of 
Jefferson this 21st day of May A. D. 1877. 

JOHN S. PHELPS. 
By the governor 

MlCHL. K. McGRATH 

Secretary of State. 



OFFERING A REWARD 

MAY 22, 1877 
From the Register of Civil Proceedings, 1874-1878, p. S96 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Albert Carey, alias Kerry, stands charged 
by indictment in the circuit court of Newton county with 
the murder of John Cole, and Whereas, the said Albert 
Carey, alias Kerry, is a fugitive from justice and cannot be 
arrested by ordinary process, 

Now THEREFORE I, John S, Phelps, governor of the 
state of Missouri, by virtue and authority of law in me vested, 
and for good and sufficient reasons appearing, do hereby 
offer a reward of Two hundred dollars for the arrest of said 
fugitive and his delivery to the sheriff of Newton county, 



GOVERNOR JOHN SMITH PHELPS 177 

payable on the production of the receipt of the sheriff of 
said county for the body of said fugitive, within twelve 
months from this date. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
(SEAL) of the state of Missouri. Done at the city of 
Jefferson this 22nd day of May A. D, 1877. 

JOHN S. PHELPS. 
By the governor 

MlCHL. K. McGRATH 

Secretary of State. 

Description of Fugitive: 

Albert Carey alias Kerry, is 5 feet llj^ inches high, 
stoop shouldered weighs about 180 or 185 pounds; com- 
plexion dark; low forehead; lame, from a broken ankle, 
in his right foot; works his head from one side to the other 
in conversation. 



OFFERING A REWARD 

JUNE 14, 1877 
From the Register of Civil Proceedings, 1 87 4-1 87 S, p. 407 



EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, MISSOURI. 

WHEREAS, it has been made known to me that some 
person or persons, whose names are to me unknown, did 
on the night of the 22nd day of May 1877, wilfully set fire 
to the building or storehouse of Joseph J. Huegel, in the 
city of Jefferson, and that said unknown person or persons 
did on the 12th day of June 1877, wilfully set fire to the 
building of C. V. Price in the city of Jefferson; and it is 
shown to me that both of said buildings, at the time they 
were so fired, were being repaired by convict labor, and it 
is believed that the object of the said incendiaries was to 
deter those who might desire to do so, from employing 



17S MESSAGES AND PROCLAMATIONS OF 

convict labor in erecting or repairing buildings on said 
city of Jefferson, and WHEREAS, said parties so charged with 
said felony have fled from justice or have secreted them- 
selves. 

Now THEREFORE, I, Henry C. Brokmeyer, Lieutenant 
and acting governor of the state of Missouri, under and by 
authority of law in me vested, do hereby offer a reward of 
Three hundred dollars for the apprehension and delivery 
of the person or persons, charged with committing said 
offense, to the sheriff of Cole county, payable upon the 
production to this department of satisfactory proof of the 
conviction of said person or persons. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the great seal of 
(SEAL) the state of Missouri. Done at the city of 
Jefferson this 14th day of June A. D. 1877. 

HENRY C. BROKMEYER 
By the lieutenant and acting governor. 

MlCHL K. McGRATH 

Secretary of State. 



OFFERING A REWARD 

JULY 2, 1877 
From the Register of Civil Proceedings, 1874-1878, pp. 414-415 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, 

WHEREAS, Moses Everrnan and Joseph Everman stand 
charged by indictment in the circuit court of Vernon county 
with the murder of Simon Neilson; and Whereas, the said 
Moses Everman and Joseph Everman have fled from justice 
and cannot be arrested by the ordinary process of law, 

Now THEREFORE, I, Henry C. Brokmeyer, Lieutenant 
and acting governor of the state of Missouri, by virtue and 
authority of law in me vested and for good and sufficient 
reasons appearing do hereby offer a reward of Two hundred 
dollars for the arrest of each of said fugitives and their 



GOVERNOR JOHN SMITH PHELPS 179 

delivery to the sheriff of Vernon county within twelve 
months from the date hereof, payable on proof of their 
conviction. 

In Testimony Whereof 1 have hereunto set my 
hand and caused to be affixed the great seal 
(SEAL) of the state of Missouri. Done at the city of 
Jefferson this second day of July A. D. 1877. 
HENRY C. BROKMEYER. 

By the Lieutenant and acting governor 

MlCHL. K. McGRATH 

Secretary of State. 

Description of fugitives: 

Moses Everman is about 27 years old 5 feet 8 inches 
high; thin visaged, dark complexioned, with black hair and 
thin black whiskers; would weigh about 140 pounds. 

Joseph Everman 24 or 25 years old 5 feet 7 or 8 inches 
high weighs 135 or 140 pounds, thin faced dark com- 
plexioned and black hair and whiskers whiskers very 
thin. 



OFFERING A REWARD 

JULY 24, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 4S1 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, David Allen stands charged by indictment 
in the circuit court of Ripley county with the murder of 
William L. Williams, and Whereas the said David Allen 
has fled from justice and cannot be arrested by ordinary 
criminal process of law. Now Therefore, 1, John S. 
Phelps governor of the state of Missouri by virtue and 
authority of law in me vested and for good and sufficient 
reasons appearing do hereby offer a reward of two hundred 



180 MESSAGES AND PROCLAMATIONS OF 

dollars for the arrest of said fugitive and his delivery to the 
sheriff of Ripley county at any time within twelve months 
from the date hereof payable upon proof of his arrest and 
receipt of the sheriff of said county for the body of said 
fugitive. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the city of 
Jefferson this 24th day of July A. D. 1877. 

JOHN S. PHELPS. 
By the governor 

MlCHL. K. McGRATH 

Secretary of State 

Description of fugitive: 

David Allen is described as about twenty two years 
old; five feet ten inches high, round shouldered; one hundred 
and forty five pounds weight; sandy or red haired, side 
whiskers rather kinkey brogue in speech. 



AN APPEAL FOR PEACE AND ORDER 

JULY 27, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 4$9 



SAINT Louis, MISSOURI, July 27, 1877. 

WHEREAS, a large number of men have for several days 
been unlawfully and riotously assembled in the city of St. 
Louis; and Whereas it has been represented to me that 
said men have unlawfully compelled other men to quit and 
abandon the pursuits by which they supported themselves 
and their families, thus to give up against their wish, their 
usual employment; and Whereas said men have impeded 
the prosecution of the internal commerce of the country 
by assembling in force and preventing the transportation 
of the products of the agriculturist, the artisan and the 



GOVERNOR JOHN SMITH PHELPS 181 

manufacturer thereby materially enhancing the cost of the 
support of all persons in a time of financial distress; and 
Whereas, other disturbances and disorders are threatened 
in this city and elsewhere in this state. Now, therefore, 
I, John S. Phelps, governor of the state of Missouri; do 
hereby require said bands of men, so unlawfully assembled, 
to disband and return to their usual pursuits and avocations, 
and not further to molest the good citizens of this state, or 
to interfere with their industrial pursuits. And I do assure 
the people of Missouri, and especially of this city, that I 
am here for the purpose of seeing that the laws are faithfully 
executed and enforced, and that the rights of all shall be 
respected; that order shall be maintained; that all as- 
semblages of evil men shall be dispersed and that quiet and 
tranquility in future shall be preserved, and with the aid 
of the good people of this state I do solemnly declare these 
pledges shall be redeemed, so far as in me lies as their chief 
executive, not only for the peace and welfare of this city, 
but for every part of this commonwealth. 

In Witness Whereof I have set my hand this 27th 
day of July 1877. 

JOHN S. PHELPS, 

Governor of Missouri. 



OFFERING A REWARD 

AUGUST 8, 1877 
From the Register of Civil Proceedings, 1874-1878, pp. 4%7-4.28 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Hayden Brown stands charged by affidavit 
with the murder of Mrs. J. C. Parish, and whereas the said 
Hayden Brown has fled from justice and cannot be arrested 
by ordinary process of law, . 

Now THEREFORE, I, John S. Phelps, governor of the 
state of Missouri, by authority of law in me vested, and 



182 MESSAGES AND PROCLAMATIONS OF 

for good and sufficient reasons appearing do hereby offer 
a reward of Two hundred dollars for the arrest of said 
fugitive and his delivery to the sheriff of Randolph county 
at any time within twelve months from the date hereof. 

In Testimony Whereof I have hereunto and caused 
to be affixed the great seal of the state of Mis- 
(Seal) souri. Done at the city of Jefferson this eighth 
day of August A. D. 1877. 

JOHN S. PHELPS. 

By the governor 

MlCHL. K. McGRATH 

Secretary of State. 

Description of fugitive: 

Hayden Brown is about twenty two years old; about 
five feet six inches high ; sandy and short hair; light mustache ; 
heavy dark eyebrows; prominent cheek bones; thin visage, 
would weigh in the neighborhood of 150 pounds; is of a 
boisterous disposition; When last seen he was riding a gray 
horse, and armed with a revolver and doubled barrelled 
shot gun. 



OFFERING A REWARD 

AUGUST 17, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 4SS 

WHEREAS, Jacob Judy stands charged by indictment 
in the circuit court of Franklin county, Missouri, with the 
murder of James 0. Garha; and, Whereas the said Jacob 
Judy has fled from justice and cannot be arrested by ordinary 
process of law, 

Now THEREFORE, I, John S. Phelps, governor of the 
state of Missouri, by authority of law in me vested, and for 
good and sufficient reasons appearing, do hereby offer a 



GOVERNOR JOHN SMITH PHELPS 183 

reward of Two hundred dollars for the arrest of said fugitive 
and his delivery to the sheriff of said county of Franklin, 
at the town of Union, at any time within twelve months 
from the date hereof. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the state of Missouri. Done at the city of 

Jefferson this seventeenth day of August A. D. 

1877. 

JOHN S. PHELPS. 
By the governor 

MlCHL. K. McGRATH 

Secretary of State. 

Description 

Jacob Judy is between twenty eight and thirty years 
of age; of light complexion, with blue eyes and auburn hair; 
about 5 feet 10 inches in height; of slender build, weighing 
about 150 pounds, and in address is quick spoken. 



OFFERING A REWARD 

AUGUST 17, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 434 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Henry Clay White and Louis Krimminger 
stand charged by indictment in the circuit court of Perry 
county, Missouri, with the murder of William T. Jones, 
and Whereas the said Henry Clay White and Louis Krim- 
minger have fled from justice and cannot be arrested by 
ordinary process of law, Now therefore, I, John S. Phelps, 
governor of the state of Missouri, by authority of law in me 
vested, and for good and sufficient reasons appearing, do 
hereby offer a reward of two hundred dollars for the arrest 



184 MESSAGES AND PROCLAMATIONS OF 

of each of said fugitives and their delivery to the sheriff 
of said county of Perry at the county seat thereof at any 
time within twelve months from this date. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the city of 

Jefferson this seventeenth day of August A. D. 

1877. 

JOHN S. PHELPS. 

By the governor: 

MlGHL. K. McGRATH 

Secretary of State. 

Description: 

White is about 29 years of age, 5 feet 9 or 10 inches 
high; stout built, weighing about 170 pounds; black hair 
and eyes, dark brown eyebrows, mustache and chin whiskers, 
the latter sometimes dyed black, is erect in carriage and of 
genteel appearance. 

Krimminger is about 20 years of age, about 6 feet high; 
awkwardly built and stout, weighing about 180 pounds; 
smooth faced, black eyes, dark hair and eyebrows; of sluggish 
habits and slovenly in dress. 



ON RELINQUISHMENT OF LAND 

SEPTEMBER 5, 1877 
From the Register of Civil Proceedings, 1874-1878, pp. 440-44 



The State of Missouri To all to whom these presents shall come, 

Greeting: 

Know Ye, that WHEREAS, under the Act of congress 
approved Sept. 28th 1850 entitled "An act to enable the 
state of Arkansas and other states to reclaim the swamp 
lands within their limits," the surveyor general for the states 
of Illinois and Missouri reported to the commissioner of 



GOVERNOR JOHN SMITH PHELPS 185 

the general land office the following described tract of land 
subject to sale at the land office at Springfield, Mo., as 
muring to the state of Missouri, under the act aforesaid, 
viz: The north half of the southwest quarter of section 
one (1) township thirty-three (33) of range fifteen (15) 
west and Whereas, it appears that the said described tract 
of land was located Sept, 25, 1856 by Isaac Whitson of 
Laclede county, Missouri, with Military bounty land 
warrant No. 33,446, under act of congress approved March 
3d 1855 and, Whereas on the 17th day of January 1857 
the aforesaid tract of land was approved to the state of 
Missouri by the Secretary of the Interior in list No. 2 of 
swamp and overflowed lands and Whereas, on the 26th 
day of March 1857, the said tract of land was patented to 
the state of Missouri in patent No. 2, for the Springfield 
district as inuring to the state of Missouri under said act 
of 1850 and Whereas, by an act of congress approved March 
2d, 1855 entitled "An act for the relief of purchasers and 
locators of swamp and overflowed lands" the president of 
the United States is directed to cause patents to be issued 
as soon as practicable to the purchasers or locators who have 
made entries of the public lands either with cash or with 
land warrants or with scrip prior to the issue of patents to 
the state, as provided in the act of Sept. 28, 1850 and Where- 
as, in pursuance of an act of the General Assembly of the 
State of Missouri, approved March 10, 1869, entitled "An 
act in relation to swamp and overflowed lands" all the swamp 
and overflowed lands were patented to the different counties 
in which they are situated, and the said described tract of 
land was on the 26th day of December 1869, patented to 
the county of Laclede in the state of Missouri in patent No. 
6, and Whereas, the governor of the state of Missouri is 
authorized by the law of said state to relinquish the title 
of the state to such swamp and overflowed lands as may 
have been sold by the United States since the passage of 
the law donating said lands to the state whenever the 
counties interested in said land may by an order of the county 
court authorize him to do so, and Whereas the county court 



186 MESSAGES AND PROCLAMATIONS OF 

of the said county of Laclede at the July adjourned term 
1877, and on the 17th day of July, A. D. 1877, did make the 
following order, a certified copy of which order is on file 
in the office of Register of Lands for the state of Missouri, 
to wit: "It is ordered by the court that the governor of 
the state of Missouri be and he is hereby authorized to 
relinquish to the United States government the title of 
Laclede county to the N^ S. W. 1 A of Sec. 1 township 33 of 
range 15 heretofore patented to Isaac Whitson by the United 
States." Now Therefore 1, John S, Phelps, governor 
of the state of Missouri, in consideration of the premises, 
and by virtue of authority in me vested by law do hereby 
release and forever relinquish unto the United States of 
America all the right, title, claim or interest of any kind 
whatsoever of the state of Missouri or of the county of 
Laclede in the state of Missouri in and to the land herein- 
before described, acquired under or by virtue either of the 
selection and approval or the patent issued to said state 
of Missouri or of the patent issued to the said county of 
Laclede by the state of Missouri, intending hereby to restore 
the same to the control of the United States as fully as if 
said approval had never been made or said patent issued, 

In Testimony Whereof I, John S. Phelps, governor 
of the state of Missouri have caused these letters 
to be made patent and the seal of the state to be 
hereunto affixed by the secretary of state. 
Given under my band at the city of Jefferson this 

(Seal) 5th day of September in the year of our Lord 
One Thousand eight hundred and seventy- 
seven. 

JOHN S. PHELPS. 

By the governor 

MlCHL. K. McGRATH 

Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 187 

OFFERING A REWARD 

SEPTEMBER 15, 1877 
From the Register of Civil Proceedings, 1874-1878, pp. 446-446 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON. 

WHEREAS, George Youngblood stands charged by 
affidavit with the murder of Joseph Campbell in Ho well 
county, Missouri, on or about the twenty ninth day of 
August A. D. 1877, and Whereas the said George Young- 
blood is now a fugitive from justice and cannot be arrested 
by ordinary criminal process Now therefore I, John 
S. Phelps governor of the state of Missouri by virtue of the 
authority of law in me vested do offer a reward of two 
hundred dollars for the apprehension of said George Young- 
blood and his delivery to the sheriff of Howell county Mis- 
souri at West Plains within one year from the date of this 
proclamation. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the state of Missouri. Done at the city of 

Jefferson this 15th day of September A. D. 1877. 

JOHN S. PHELPS. 
By the governor: 

MlCHL. K. McGRATH, 

Secretary of State. 

Description of George Youngblood: 

He is about 28 years of age, heavy set and about five 
feet six or seven inches high; weighs about 150 pounds and 
has dark or black hair. 



188 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

SEPTEMBER 19, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 448 

EXECUTIVE DEPARTMENT, CITY OF JEFFERSON. 

WHEREAS, James Rupard stands charged by indictment 
with the murder of a colored man in Laclede county in this 
state, and Whereas the said James Rupard has fled from 
justice and cannot be arrested by ordinary criminal process, 
Now THEREFORE I, John S. Phelps, governor of the state 
of Missouri by virtue and authority of law in me vested and 
for good and sufficient reasons appearing do hereby offer 
a reward of One hundred and fifty dollars for the arrest of 
said fugitive and his delivery to the sheriff of Laclede county 
at the town of Lebanon within twelve months from the 
date hereof payable upon proof of his arrest, and receipt 
of the sheriff of said county for the body of said fugitive. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the city of 

Jefferson Mo. this nineteenth day of September 

A. D. 1877, 

JOHN S. PHELPS. 
By the governor 

MlCHL K. McGRATH 

Secretary of State. 



OFFERING A REWARD 

SEPTEMBER 27, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 451 

EXECUTIVE DEPARTMENT, JEFFERSON CITY, MISSOURI, 
SEPTEMBER 27, 1877. 

WHEREAS, Nathaniel Buchanan stands charged by 
indictment in the circuit court of Stoddard County, Missouri 
with the murder of Isaac R. Dotson, and Whereas, the said 



GOVERNOR JOHN SMITH PHELPS 189 

Nathaniel Buchanan has fled from justice and cannot be 
arrested by ordinary criminal process, Now Therefore I, 
John S. Phelps, Governor of the State of Missouri, by 
authority of law in me vested, and for good and sufficient 
reasons appearing do hereby offer a reward of One hundred 
and fifty dollars for the arrest of said fugitives and his 
delivery to the sheriff of said county of Stoddard, at the 
town of Bloomfield, within twelve months from the date 
hereof, payable upon proof of his arrest and receipt of the 
sheriff of said county for the body of said fugitive. 

In Testimony Whereof I have here-unto set my 

hand and caused to be affixed The Great Seal 

(Seal) of the State of Missouri. Done at the City of 

Jefferson this twenty seventh day of September 

AD. 1877. 

JOHN S. PHELPS. 
By the Governor: 

MICHEL K. MC&RATH Secy, of State. 



OFFERING A REWARD 

SEPTEMBER 27, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 452 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON. 

WHEREAS Jesse Kitchen stands charged by indictment 
in the circuit court of Stoddard county, Missouri, with the 
murder of George Reck and Whereas the said Jesse Kitchen 
has fled from justice and cannot be arrested by ordinary 
criminal process, Now Therefore, I, John S. Phelps, 
governor of the state of Missouri, by authority of law in me 
vested, and for good and sufficient reasons appearing do 
hereby offer a reward of One hundred and fifty dollars for 
the arrest of said fugitive and his delivery to the sheriff 
of said county of Stoddard at the town of Bloomfield within 



190 MESSAGES AND PROCLAMATIONS OF 

twelve months from the date hereof payable upon proof 
of his arrest and receipt of the sheriff of said county for the 
body of said fugitive. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the state of Missouri. Done at the city of 

Jefferson this twenty seventh day of September 

A. D. 1877. 

JOHN S. PHELPS. 

By the governor 
MICH'L. K. McGRATH 
Secretary of State. 



OFFERING A REWARD 

OCTOBER 9, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 466 



EXECUTIVE DEPARTMENT, CITY OF JEFFE-RSON. 

WHEREAS Burgess G. Miller stands charged with the 
crime of having unlawfully, feloniously and wilfully aided 
and assisted in the escape of one Mary Ann Lawrence, a 
prisoner, from his custody, while acting as deputy sheriff 
of Ozark county, Missouri, and, Whereas, the said Miller 
is a fugitive from justice and cannot be arrested by ordinary 
process of law Now Therefore, I, John S. Phelps, governor 
of the state of Missouri, by virtue of authority in me vested 
by law, and for good and sufficient reasons appearing, do 
hereby offer a reward of One hundred dollars for the arrest 
of said fugitive and his delivery to the sheriff of Ozark 
county at Gainesville at any time within one year from the 



GOVERNOR JOHN SMITH PHELPS 191 

date of this proclamation. 

In Testimony Whereof I have hereunto set iny 

hand and caused to be affixed the great seal 

(Seal) of the state of Missouri. Done at the city of 

Jefferson this ninth day of October, A. D. 1877. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. MCGRATH 
Secty of State. 



ON THANKSGIVING 

NOVEMBEK 19, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 469 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI. 

To the people of the state of Missouri: 

It is the duty of a people who have enjoyed the many 
blessings of Divine Providence to return their devout 
thanks for the bounties received. We have been spared 
the terrible calamities of war; we have been free from "the 
pestilence that walketh in darkness, and the sickness that 
destroyeth in noonday," and in the recent commotion which 
invaded our state life was taken nor was blood shed: The 
earth has generously yielded a full recompense to the kind 
hand and skill of the husbandman; The paralysis which has 
afflicted our manufacturing and commercial interests is 
gradually yielding to the enterprise, the increased industry 
and rigid economy of a good and virtuous people. I there- 
fore recommend that the people of this state shall assemble 
at their usual places of worship on Thursday the 29th instant 
and give thanks for the many blessings bestowed on them. 



192 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof, I, John S. Phelps, governor 
of the state of Missouri, have hereunto set my 
hand and caused to be affixed the great seal of 
the state of Missouri. Done at the city of 
Jefferson Mo. this 19th day of November A. D. 
1877. 

JOHN S. PHELPS. 
By the governor 

MlCHL K. McGRATH 

Secretary of State. 



OFFERING A REWARD 

DECEMBER 11, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 1+77 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI. 

WHEREAS, William J. Bradford stands charged by 
indictment in the circuit court of Phelps county, Missouri, 
with the murder of R. D. Freeman and M. M. Freeman and 
Whereas the said William J. Bradford has fled from justice 
and cannot be arrested by ordinary criminal process Now, 
Therefore, I, John S. Phelps governor of the state of 
Missouri, by authority of law in me vested, and for good 
and sufficient reasons appearing, do hereby offer a reward 
of Two hundred dollars for the arrest of said fugitive, and 
his delivery to the sheriff of said county of Phelps, at the 
county seat thereof, at any time within twelve months from 
this date. 

In Testimony Whereof I have hereunto set my hand 
and caused to be affixed the great seal of the 
(Seal) state of Missouri. Done at the city of Jefferson 
this eleventh day of December A. D. 1877. 

JOHN S. PHELPS, 
By the governor, 

MlCHL K. McGRATH, 

Secty State. 



GOVERNOR JOHN SMITH PHELPS 193 



TO THE PEOPLE OF MISSOURI RELATIVE TO 
THE UNIVERSAL EXPOSITION IN PARIS 

JANUARY 3, 1878 
From the Register of Civil Proceedings, 1874-1878, pp. 487-488 



WHEREAS, the United States have been invited by the 
Republic of France to take part in a universal Exposition 
to be held in Paris this year, which invitation has been 
accepted by the government of the United States, and 
Whereas by an exhibition of the products of our mines, of 
our agriculture, and of our manufactures, such exposition 
will be likely to more extensively make known to the people 
of foreign lands the resources of this country, and thereby 
induce immigration and the investment of additional 
capital in the industrial pursuits of this state. 

Now THEREFORE, I, John S. Phelps, governor of the 
state of Missouri, do hereby invite all the people of this 
state to engage and assist in making a proper representation 
of our industrial and natural products at the proposed 
exposition. 

No money is placed at my disposal to aid in this great 
exhibition, but after the collection of the articles to be 
exhibited shall have been made at St. Louis or other point 
in this state, as may be hereafter determined, the expense 
of their transportation to Paris will be defrayed by the 
United States. 

Officers will be appointed in this state by the president 
of the United States to assist in the conduct and management 
of this great enterprise. 

I propose to appoint a few persons as commissioners 
who will also represent the interests of this state: They 
will receive no compensation nor will the expenses necessarily 
incurred by them be paid by the state. I cannot and will 
not incur expense or charges against the state not authorized 
by law, and in the appointment of such commissioners I 
desire to appoint those only who will attend the Exposition 



194 MESSAGES AND PROCLAMATIONS OF 

at Paris, and who will not seek such appointment and then 
shirk the duties which they should perform with earnestness 
and zeal. But money will be required To defray the ex- 
penses of collecting such products of our agriculture, our 
manufactures and our mines as will properly display the 
rich resources of our state, the fertility of its soil, attested 
by its cereals, the abundance and wealth of our mineral 
products and the consummate skill of our manufacturers 
and artisans, Therefore as soon as such commissioners 
shall be appointed they will make known the amount of 
money which will be required for this purpose and I re- 
commend that the necessary amount of funds be contributed 
by the people of this state to be expended under the manage- 
ment and direction of the commissioners. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the city of 

Jefferson this third day of January A. D. 1878. 

JOHN S. PHELPS. 
By the governor 

MlCHL K. McGRATH 

Secretary of State. 



ON DECLARING CERTAIN COMMISSIONS 
VACATED 

JANUARY 11, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 491 



EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, MISSOURI. 

By virtue of authority in me vested by law I, John 
S. Phelps, governor of the state of Missouri, hereby declare 
vacated, from and after the first day of February A. D. 
1878, all commissions heretofore issued to persons residing 



GOVERNOR JOHN SMITH PHELPS 195 

in any of the states or territories of the United States or 
foreign countries, as commissioners of deeds for the state 
of Missouri, who have failed to file their oaths of office, and 
a description of their seals of office (if there be such) together 
with their signatures thereto, in the office of the secretary 
of state within six months after the date of their appoint- 
ments, as required by section 2, chapter 22 title VIII of 
the general statutes of Missouri of 1865. 

In Testimony Whereof I have here unto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the city of 

Jefferson this eleventh day of January A. D. 1878. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. McGRATH 
Secretary of State. 



OFFERING A REWARD 

APRIL 18, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 526 

EXECUTIVE DEPARTMENT, CITY OF JEFFERSON. 

WHEREAS, Pinkney Anderson Baker stands charged 
with the murder of James Middleton in the county of St. 
Francois in this state, and Whereas the said Pinkney Ander- 
son Baker has fled from justice and cannot be arrested by 
ordinary criminal process, Now Therefore I, John S, 
Phelps, governor of the state of Missouri, by authority of 
law in me vested, and for good and sufficient reasons ap- 
pearing do hereby offer a reward of Two hundred dollars 
for the arrest of said fugitive and his delivery to the sheriff 
of said county of St. Francois at the county seat thereof, 
at any time within one year from this date. 



196 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri* Done at the city of 
Jefferson this 18th day of April A. D. 1878, 

JOHN S. PHELPS. 

By the governor: 

MICH'L. K. MCGRATH 
Secretary of State. 

Description of fugitive: 

Age, about thirty five years; Near six feet in height, 
and will weigh about one hundred and forty five or fifty 
pounds; Has dark blue eyes and dark hair, usually a little 
long; light complexion and very little beard and thinly set 
on face; Is a carpenter, wheelwright and chair maker by 
trade. 



OFFERING A REWARD 

JUNE 4, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOUBI. 

WHEREAS, Carlton D. Vandiver stands charged by 
indictment in the circuit court of Boone county, state of 
Missouri, with the murder of Matilda Vandiver, his wife, 
in the county of Boone aforesaid, on the 22nd day of August 
1872; and Whereas, the said Carlton D. Vandiver has fled 
from justice and cannot be arrested by ordinary process, 
Now THEREFORE I, John S. Phelps, governor of the state 
of Missouri, by authority of law in me vested, and for good 
and sufficient reasons appearing, do hereby offer a reward 
of Two hundred and fifty dollars for the arrest and delivery 
of said fugitive to the sheriff of Boone county at Columbia, 
within twelve months from the date hereof. 



GOVERNOR JOHN SMITH PHELPS 197 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
(Seal) of the state of Missouri. Done at the city of 
Jefferson this fourth day of June A. D. 1878. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. MCGRATH 
Secretary of State. 



OFFERING A REWARD 

JUNE 13, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 545 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON. 

WHEREAS John Williams stands charged by indictment 
in the circuit court of St. Francois county, State of Missouri, 
with the murder of Mathew Kinney, in the county aforesaid 
on the 3rd day of December A. D. 1871, and Whereas the 
said John Williams has fled from justice and cannot be 
arrested by ordinary criminal process: Now Therefore 
I, John S. Phelps, governor of the state of Missouri, by 
authority of law in me vested, and for good and sufficient 
reasons appearing, do hereby offer a reward of One hundred 
and fifty dollars for the arrest and delivery of said fugitive 
to the sheriff of said county at Farmington, within one year 
from the date hereof. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the state of Missouri. Done at the city of 

Jefferson this Thirteenth day of June A. D. 

1878. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. MCGRATH 
Secretary of State. 



198 MESSAGES AND PROCLAMATIONS OF 



OFFERING A REWARD. 

JUNE 14, 1878 
From the Register of Civil Proceedings, 1874-1878, P- 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON. 

WHEREAS David Gregory stands charged by indictment 
in the circuit court of Dunklin county, State of Missouri, 
with the murder of Taylor Hale in said county on 9th day 
of August A. D. 1877, And Whereas the said David Gregory 
has fled from justice and cannot be arrested by ordinary 
process Now Therefore I, John S. Phelps, governor of 
the state of Missouri, by authority of law in me vested, 
and for good and sufficient reasons appearing, do hereby 
offer a reward of One hundred and fifty dollars for the 
arrest and delivery of said fugitive to the sheriff of said 
county of Dunklin at Kennett within one year from the 
date hereof. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) . of the state of Missouri. Done at the city of 

Jefferson Mo. this fourteenth day of June A. D. 

1878. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. MCGRATH 
Secretary of State. 



OFFERING A REWARD 

JULY 2, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 558 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI. 

WHEREAS Lewis Pixley and Perry Pixley, stand charged 
by indictment in the circuit court of Vernon county, state 
of Missouri, with the murder of Joseph Bailey in said county 
on the 26th day of May 1867, and Whereas the said Lewis 
Pixley and Perry Pixley have fled from justice and cannot 



GOVERNOR JOHN SMITH PHELPS 199 

be arrested by ordinary process of law. Now Therefore, 
I, John S. Phelps governor of the state of Missouri, do hereby 
offer a reward of Two hundred dollars for the arrest and 
delivery of each of said fugitives to the sheriff of Vernon 
county at the county seat thereof at any time within twelve 
months from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the city of 
Jefferson this second day of July A. D. 1878. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. MCGRATH 
Secretary of State. 



ON RESTORATION OF CIVIL RIGHTS 

JULY 26, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 560 



The state of Missouri to all who shall see these presents, greeting: 
WHEREAS Chas.' Strabach at the May term 1877, of 
Franklin county circuit court, was by the judgment of 
said court convicted of selling whisky on Sunday, and 
adjudged to pay a fine of $5.00, and thereby became dis- 
qualified from keeping a dramshop within two years from 
such conviction within this state Now Therefore, I, John 
S. Phelps, governor of the state of Missouri, by virtue of 
authority in me vested, and for good and sufficient reasons 
appearing, do hereby restore to the said Chas. Strabach 
all the civil rights forfeited by reason of such conviction. 
In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
(Seal) of the state of Missouri. Done at the city of 
Jefferson this 26th day of July A. D. 1878. 

JNO. S. PHELPS. 
By the governor 

MICH'L K. MCGRATH 
Secretary of State. 



200 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

AUGUST 15, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 565 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI. 

WHEREAS James Allison and John L. Williams stand 
charged by indictment in the circuit court of Morgan county 
with the crime of murder, committed in 1875, and Whereas 
the said James Allison and John L. Williams have fled 
from justice and cannot be arrested by ordinary criminal 
process, Now Therefore, I, John S. Phelps, governor of 
the state of Missouri by authority of law in me vested, and 
for good and sufficient reasons appearing, do hereby offer 
a reward of One hundred and fifty dollars each for the arrest 
and delivery of said fugitives to the sheriff of said county at 
Versailles, within twelve months from the date hereof. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the state of Missouri. Done at the city of 

Jefferson this fifteenth day of August A. D. 1878. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. McGRATH 
Secretary of State. 



OFFERING A REWARD 

AUGUST 31, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 570 



EXECUTIVE DEPARTMENT, STATE OF MISSOURI. 

WHEREAS David Victor stands charged by indictment 
in the circuit court of Stoddard county, state of Missouri, 
with the murder of Isaac M. Lindsay in said county on the 
16th day of April 1869, and Whereas the said David Victor 



GOVERNOR JOHN SMITH PHELPS 201 

has fled from justice and cannot be arrested by ordinary 
criminal process, Now Therefore I, Henry C. Brokmeyer, 
Lieutenant and acting governor of the state of Missouri, 
by authority of law in me vested, and for good and sufficient 
reasons appearing do hereby offer a reward of Three hundred 
dollars for the arrest of said fugitive and his delivery to the 
sheriff of said county of Stoddard at the county seat thereof 
at any time within one year from the date of these presents. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the great seal 
(SEAL) of the state of Missouri. Done at the city of 
Jefferson, this 31st day of August A. D. 1878. 

HENRY C. BROCKMEYER 
By the Lieutenant 
and acting governor 

MICH'L K. MCGRATH 
Secretary of State. 



OFFERING A REWARD 

SEPTEMBER 16, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 576 



EXECUTIVE DEPABTMENT, STATE OF MISSOURI. 

WHEREAS, Benjamin Munsford stands charged by 
affidavit in the county of Clark State of Missouri, with the 
murder of John H. Jackson in said county on the 21st day 
of August 1878; and Whereas, the said Benjamin Munsford 
has fled from justice and cannot be arrested by ordinary 
criminal process, Now Therefore I, John S. Phelps 
governor of the state of Missouri, by authority of law in 
me vested, and for good and sufficient reasons appearing, 
do hereby offer a reward of Two hundred dollars for the 
arrest of said fugitive and his delivery to the sheriff of said 
county of Clark at the county seat thereof at any time with- 
in one year from the date of these presents. 



202 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(SEAL) the state of Missouri. Done at the city of 

Jefferson This 16th day of September A. D. 1878. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. MCGRATH 
Secretary of State. 



ON REMOVAL OF DISABILITIES 

OCTOBER 4, 1878 
From the Register of Civil Proceedings, 1874-1878, pp. 58%-58S 

The state of Missouri, To all who shall see these presents 

Greeting: 

WHEREAS John N. German at the August term A. D. 
1875 of the circuit court of Wright county was by the judg- 
ment of said court convicted of petit larceny and thereby 
became disqualified to be sworn as a witness or juror in 
any cause, or to vote at any election or to hold any office of 
honor, profit or trust within this state, Now Therefore 
I, John S. Phelps, governor of the state of Missouri, by 
virtue of authority in me vested by law and for good and 
sufficient reasons appearing do hereby remove the aforesaid 
disabilities imposed on the said John N. German: 

In Testimony Whereof I have Hereunto set my 

hand and caused to be affixed the great seal 

(SEAL) of the state of Missouri. Done at the city of 

Jefferson this fourth day of October A. D. 1878. 

JOHN S. PHELPS. 
By the governor: 
MICH'L K. MCGRATH, 
Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 203 

ON THANKSGIVING 

NOVEMBER 16, 1878 
From the Register of Civil Proceedings, 1874-1878, pp. 615-616 



STATE or MISSOURI, EXECUTIVE DEPARTMENT. 

It is proper that we give thanks to Almighty God for 
the innumerable blessings bestowed on us during the past 
year: We should manifest our gratitude that we have 
been spared from civil commotion and that the pestilence 
which "Walketh at noon-day" has not darkened our homes 
with sorrow: The labors of the husbandmen have been 
rewarded and all branches of industry seem to revive I, 
John S. Phelps, governor of Missouri do therefore designate 
and set apart Thursday the 28th day of this month as a 
day of thanksgiving and prayer: I request the people on 
that day to abstain from their usual secular pursuits and 
to assemble in their places of public worship to return 
thanks to Almighty God for the blessings He has bestowed 
on us and to pray for their continuance and that his mercy 
may abide with us forever. 

In Testimony Whereof I have hereunto set my hand 
and caused to be affixed the great seal of the 
(SEAL) state of Missouri. Done at the city of Jefferson 
this 16th day of November A. D. 1878. 

JOHN S. PHELPS. 
By the governor: 

MTCH'L K. MCGRATH, 
Secretary of State. 



204 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

NOVEMBER 29, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 



EXECUTIVE DEPABTMENT, STATE OF MISSOURI. 

WHEREAS: Benjamin Munsford stands charged by 
affidavit in the county of Clark, state of Missouri with the 
murder of John H. Jackson in said county on the 21st day 
of August 1878 and Whereas the said Benjamin Munsford 
has fled from justice and cannot be arrested by ordinary 
criminal process Now Therefore I, John S. Phelps governor 
of the state of Missouri, by authority of law in me vested, 
and for good and sufficient reasons appearing do hereby 
offer a reward of one hundred dollars (in addition to the 
reward of two hundred dollars heretofore offered for the 
arrest of said Munsford by proclamation dated September 
16th 1878) for the arrest of said fugitive and his delivery 
to the sheriff of said county of Clark at the county seat 
thereof at any time within one year from September 16th 
1878. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(SEAL) of the state of Missouri. Done at the city of 

Jefferson this 29th day of November A. D. 1878. 

JOHN S. PHELPS. 
By the governor * 

MICH'L K. MCGRATH 
Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 205 

OFFERING A REWARD 

DECEMBER 7, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 63% 



EXECUTIVE DEPAFTMENT, STATE OF MISSOURI. 

WHEREAS John Cisney stands charged with the murder 
of Frederick Mertel on the 7th day of November 1878. 
in the county of Benton, and Whereas the said John Cisney 
has fled from justice and cannot be arrested by ordinary 
process, Now Therefore, I, John S. Phelps governor of 
the state of Missouri by authority of law in me vested and 
for good and sufficient reasons appearing, do hereby offer 
a reward of Two hundred dollars for the arrest and delivery 
of said fugitive to the sheriff of said county of Benton at 
Warsaw in said county at any time within twelve months 
from the date hereof: 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal 

(SEAL) of the state of Missouri. Done at the city of 

Jefferson this 7th day of December A. D. 1878. 

JOHN S. PHELPS. 
By the governor: 

MICH'L K. MCGRATH, 
Secretary of State. 



OFFERING A REWARD 

DECEMBER 21, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 6S5 



EXECUTIVE DEPARTMENT, JEFFERSON CITY, MISSOURI. 

Whereas William A. Salisbury stands charged by 
indictment in the county of Bollinger with the friuitler of 
Lawson Pope, and has fled from juSticfe and cannot be 
arrested by ordinary process of law, Now Thfcrfcfore I, 



206 MESSAGES AND PROCLAMATIONS OF 

Jno. S. Phelps, governor of Missouri, by virtue of authority 
in me vested, and for good and sufficient reasons appearing 
do hereby offer a reward of Two hundred dollars for the 
arrest and delivery of said fugitive to the sheriff of said 
county at the county seat thereof within one year from this 
date. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal 

(SEAL) of the State of Missouri. Done at the city of 

Jefferson this 21st day of December A. D. 1878. 

JNO. S. PHELPS. 
By the governor: 

MIGH'L K. MCGRATH, 
Secretary of State. 



OFFERING A REWARD 

DECEMBER 30, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 637 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI. 

WHEREAS John Logan stands charged with the murder 
of Robert H. Ferrell in Pettis county, and has fled from 
justice and cannot be arrested by ordinary process of law, 
Now Therefore, I, Jno. S. Phelps, governor of Missouri, 
by virtue of authority in me vested and for good and suffi- 
cient reasons appearing, do hereby offer a reward of two 
hundred dollars for the arrest and delivery of said fugitive 
to the sheriff of said county, at the county seat thereof, 
within one year from this date. 

In Testimony Whereof I have hereunto set my 

hand, and caused to be affixed the great seal 

(SEAL) of the state of Missouri. Done at the city of 

Jefferson this 30th day of December A. D. 1878. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. MCGRATH 
Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 207 

OFFERING A REWARD 

DECEMBER 30, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 637 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI. 

WHEREAS Joseph Eaton stands charged by indictment 
with the murder of James S. Hatter in the county of Benton, 
and has fled from justice and cannot be arrested by ordinary 
process of law: Now Therefore I, John S. Phelps, gov- 
ernor of Missouri by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby offer 
a reward of two hundred dollars for the arrest and delivery 
of said fugitive to the sheriff of said county at the county 
seat thereof within one year from this date. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
of the state of Missouri. Done at the city of 
Jefferson this 30th day of December A. D. 1878. 

JOHN S. PHELPS. 
By the governor, 

MICH'L K. MCGRATH, 
Secretary of State. 



OFFERING A REWARD 

FEBRUARY 22, 1879 
From the Register of Civil Proceedings, 1879-1882, p. $0 



EXECUTIVE DEPABTMENT, CITY OF JBFFEBSON, February 22, 1879. 

WHEREAS William Hilderbrand stands charged by 
indictment with the murder of Hugo Veth in the county of 
Jefferson, and has fled from justice and cannot be arrested 
by ordinary process of law. 

Now THEREFORE, I, John S. Phelps, governor of 
Missouri, by virtue of authority in me vested and for good 



208 MESSAGES AND PROCLAMATIONS OF 

and sufficient reasons appearing do hereby offer a reward 
of Two hundred dollars for the arrest and delivery of said 
fugitive to the sheriff of said county, at the county seat 
thereof, within one year from this date. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(SEAL) the State of Missouri. Done at the City of 

Jefferson this 22nd day of February AD. 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

MARCH 11, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON. 

WHEREAS, Marion J. Holly stands charged by indict- 
ment with the murder of John Pierce in the county of Pemis- 
cot and has fled from justice and cannot be arrested by 
ordinary process of law. Now Therefore, I, John S. 
Phelps, governor of Missouri, by virtue of authority in me 
vested, and for good and sufficient reasons appearing do 
hereby offer a reward of Two-hundred dollars for the arrest 
and delivery of said fugitive to the sheriff of said county, 
at the county seat thereof at any time within one year from 
this date. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(SEAL) of the State of Missouri. Done at the City of 

Jefferson this eleventh day of March A. D. 1879. 

JOHN S. PHELPS. 
By the governor 
MICM'L K. McGitATft, 
Secretary of State, 



GOVERNOR JOHN SMITH PHELPS 209 

OFFERING A REWARD 

MAECH 12, 1879 
From the Register of Civil Proceedings, 1879-1882, pp. 29-30 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, William Griffith stands charged by indict- 
ment with the crime of arson in the county of Osage, and 
has fled from justice and cannot be arrested by ordinary- 
process of law. Now Therefore, I, John S. Phelps, 
governor of the state of Missouri, by virtue of authority 
in me vested, and for good and sufficient reasons appearing 
do hereby offer a reward of One hundred dollars for the 
arrest and delivery of said fugitive to the sheriff of said 
county of Osage at the county seat thereof at any time 
within one year from the date of these presents. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal 

(SEAL) of the State of Missouri. Done at the City of 

Jefferson this twelfth day of March AD. 1879. 

JOHN S. PHELPS* 
By the governor 

MTCH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

MARCH 15, 1879 
From the Register of Civil Proceedings, 1879-1882, p. SI 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, John Johnson stands charged by indictment 
with the murder of Andrew Mahaney in the county of 
Wright and has fled from justice and cannot be arrested 
by ordinary process of law. Now Therefore I, Jobn S. 
Phelps, Governor of the State of Missouri by virtue of 



210 MESSAGES AND PROCLAMATIONS OF 

authority in me vested and for good and sufficient reasons 
appearing, do hereby offer a reward of Two hundred dollars 
for the arrest and delivery of said fugitive to the sheriff 
of said county of Wright, at the county seat thereof at any 
time within one year from the date of these presents. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the Great Seal 

(SEAL) of the State of Missouri. Done at the City of 

Jefferson this fifteenth day of March A. D. 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 

Description of Fugitive: 

Johnson is 20 or 25 years old; weighs 160 Ibs; very dark 
skin and eyes; black hair and thin black beard; about 5 
feet 8 inches high. 



OFFERING A REWARD 

APRIL 22, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 



STATE OF MISSOXJBI, EXECUTIVE DEPABTMENT. 

WHEREAS, David Bertram stands charged by indict- 
ments, in the St. Louis criminal court, with the crime of 
grand larceny, and has fled from justice and cannot be ar- 
rested by ordinary process of law, Now THEREFORE, I, 
John S. Phelps, governor of the state of Missouri, by virtue 
of authority in me vested, and for good and sufficient rea- 
sons appearing do hereby offer a reward of One Hundred 
and fifty dollars for the arrest and delivery of said fugitive 
to the marshal of the city of St. Louis, in said city at any 
time within twelve months from the date of these presents. 



GOVERNOR JOHN SMITH PHELPS 211 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal of 
(SEAL) the State of Missouri. Done at the city of 
Jefferson this 22nd day of April A. D. 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

MAY 1, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 47 



STATE OF MISSOUEI, EXECUTIVE DEPARTMENT. 

WHEREAS, Jack Newcomb stands charged by indict- 
ment with the murder of Patrick Dougherty in the county 
of Jasper and has fled from justice and cannot be arrested 
by ordinary process of law. Now Therefore, I, John S. 
Phelps, governor of the state of Missouri, by virtue of au- 
thority in me vested, and for good and sufficient reasons 
appearing, do hereby offer a reward of Two hundred dollars 
for the arrest and delivery of said fugitive to the sheriff of 
said county of Jasper, at the county seat thereof at any 
time within one year from the date of these presents. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the Great Seal of 
(SEAL) the State of Missouri. Done at the City of 
Jefferson this 1st day of May A. D. 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



212 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

MAY 17, 1879 
From the Register of Civil Proceedings, 1879-188%, p. 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Francis M. Huffman stands charged by 
indictment with the murder of Pleasant Loftice in the county 
of Douglas, and has fled from justice, and cannot be ar- 
rested by ordinary process of law. Now Therefore, I, 
John S. Phelps, Governor of the State of Missouri, by virtue 
of authority in me vested and for good and sufficient rea- 
sons appearing do hereby offer a reward of One hundred 
and fifty dollars for the arrest and delivery of said fugitive 
to the sheriff of said county of Douglas, at the county seat 
thereof at any time within one year from the date of these 
presents. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the Great Seal of 
(SEAL) the State of Missouri. Done at the City of 
Jefferson this 17th day of May AD. 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

MAY 21, 1879 
From the Register of Civil Proceedings, 1879-188%, p. 54 



State of Missouri, To all who sh&llsve these p 

WHEREAS John V. Geno, alias "Pinck Geno" at the 
June term AD 1878, of the circuit court of Nodaway County, 
was by the judgment of said court convicted of petit lar- 
ceny, and thereby became disqualified to be sworn as a 



GOVERNOR JOHN SMITH PHELPS 213 

witness or juror in any cause, or to vote at any election or 
to hold any office of honor, profit or trust within this State, 
Now Therefore, I, John S. Phelps, Governor of the State 
of Missouri, by virtue of authority in me vested by law, and 
for good and sufficient reasons appearing, do hereby remove 
the aforesaid disabilities imposed on the said John V. Geno, 
alias Pinck Geno, by reason of such conviction. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(SEAL) the State of Missouri. Done at the City of 

Jefferson this twenty first day of May eighteen 

hundred and seventy nine. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. MC&RATH, Secretary of State. 



OFFERING A REWARD 

MAY 26, 1879 
From the Register of Civil Proceedings > 1879-188$, p. 67 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, John Ray, Wils Ray and James Freeman 
stand charged with the murder of E. I. Ellis in Barry county 
on or about the first day of April 1879, and have fled from 
justice and cannot be arrested by ordinary process of law. 

Now Therefore, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby 
offer a reward of one hundred dollars for the arrest of each 
of said fugitives and their delivery to the sheriff of said 
County of Barry at the County seat thereof, at any time 
within one year from the date of these presents. 



214 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the City of 
Jefferson on this 26th day of May AD. 1879. 

JOHN S. PHELPS. 

By the Governor: 

MICH ; L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JUNE 5, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 61 



State of Missouri, To all who shall see these presents, Greetings: 
WHEREAS, John Tobien at the August term A. D. 1878 
of the circuit court of Newton County was by the judgment 
of said Court convicted of selling liquor on Sunday and 
thereby became disqualified to obtain a license to keep a 
dram shop for the period of two years next thereafter within 
this State: Now Therefore I, John S. Phelps, Governor 
of the State of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
remove the aforesaid disabilities imposed on the said Tobien 
by reason of such conviction. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this fifth day of June AD. 1879. 

JOHN S. PHELPS, 
By the governor: 
MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 215 

ON REMOVAL OF DISABILITIES 

JULY 1, 1879 
From the Register of Civil Proceedings, 1879-1888, p. 67 



State of Missouri, To all who shall see these presents, Greetings: 
WHEREAS John J. Kelley was by the judgment of the 
criminal court of Pettis County in 1876, convicted of selling 
liquor without license, and thereby became disqualified to 
obtain a license to keep a dram shop within this state. Now 
Therefore, I, John S. Phelps, governor of the state of 
Missouri, by virtue of authority in me vested and for good 
and sufficient reasons appearing do hereby remove the 
aforesaid disabilities imposed upon the said John J. Kelly 
by reason of such conviction. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the City of Jef- 
ferson this First day of July A. D. Eighteen 
hundred and seventy nine. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. - 



ON REMOVAL OF DISABILITIES 

JULY 11, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 69 



State of Missouri, To all who shall see these presents Greetings: 
WHEREAS, Jacob Mellien at the August term A. D. 
1878, of the circuit court of Henry County was by the 
judgment of said county convicted of selling liquor on 
Sunday and thereby became disqualified to obtain a license 
to keep a dram shop within this state. 



216 MESSAGES AN0 PROCLAMATIONS OF 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby remove 
the aforesaid disabilities imposed on the said Jacob Mellien 
by reason of such conviction. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the Great Seal of 
(Seal) the State of Missouri. Done at the City of 

Jefferson this eleventh day of July A. D. Eigh- 
teen hundred and seventy nine. 

JOHN S. PHELPS. 
By the governor: 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

JULY 12, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 70 



STATE OF MISBOUKI, EXECUTIVE DEPABTMENT. 

WHEREAS, Charles Sanders stands charged by indict- 
ment with the murder of Charles Printz in the City of St. 
Louis, and has fled from justice and cannot be arrested by 
ordinary process of law. Now Therefore I, John S. Phelps, 
Governor of the State of Missouri, by virtue of authority 
in me vested and for good and sufficient reasons appearing, 
do hereby offer a reward of Two hundred dollars for the 
arrest and delivery of said fugitive to the marshal of said 
City of St. Louis, in said City, at any time within one year 
from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this twelfth day of July A, D. 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 217 

ON REMOVAL OF DISABILITIES 

JULY 12, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 71 



State of Missouri, To all who shall see these presents: Greetings: 
WHEREAS Thomas M. Smith at the April term AD 1879 
of the circuit court of Boone county, was by the judgment 
of said court, convicted of selling liquor on Sunday and 
thereby became disqualified to obtain a license to keep a 
dram shop within this State. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby remove 
the aforesaid disabilities imposed on the said Thomas M, 
Smith by reason of such conviction. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the Great Seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this twelfth day of July AD. Eighteen 

hundred and seventy nine. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. McGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JULY 15, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 7% 



State of Missouri, To all who shall see these presents Greeting: 
WHEREAS John Hilpertshauser, at the September term 
A. D. 1878, by the circuit court of Jefferson county was by 
the judgment of said court convicted of selling liquor on 
Sunday and thereby became disqualified to obtain a license 



218 MESSAGES AND PROCLAMATIONS OF 

to keep a dram shop for two years next thereafter within this 
state. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby remove 
the aforesaid disabilities imposed on the said John Hil- 
pertshauser by reason of such conviction. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the Great Seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this fifteenth day of July A. D. 

Eighteen hundred and seventy-nine. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JULY 18, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 78 

State of Missouri: To all who shall see these presents: Greeting: 
WHEREAS William Vetter at the February term AD 
1878 of the circuit court of Phelps county, was by the 
judgment of said county convicted of selling liquor on 
Sunday, and thereby became disqualified to obtain a li- 
cense to keep a dram shop within this state, Now There- 
fore I, John S. Phelps, Governor of the State of Missouri 
by virtue of authority in me vested and for good and suf- 
ficient reasons appearing do hereby remove the aforesaid 
disabilities imposed on the said William Vetter by reason 
of such conviction. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this eighteenth day of July AD. 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 219 

07V REMOVAL OF DISABILITIES 

JULY 28, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 75 



The State of Missouri, To all who shall see these presents: 
Greeting: 

WHEREAS Peter 0' Sullivan was by the judgment of 
the circuit court of Johnson county in A D. 1868, convicted 
of selling liquor without license and* thereby became dis- 
qualified from obtaining a license to keep a dram shop 
within this State. Now Therefore, I, John S. Phelps, 
governor of the State of Missouri by virtue of authority in 
me vested, and for good and sufficient reasons appearing do 
hereby remove the aforesaid disabilities imposed on the 
said Peter 0' Sullivan by reason of such conviction. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the Great Seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this Twenty-eighth day of July AD. 

Eighteen hundred and seventy nine. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



REMOVAL OF DISABILITIES 

AUGUST 2, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 77 



The state of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS Edwin DeWolf at the August term AD 
1873, of the circuit court of Henry County, was by the 
judgment of said court convicted of selling liquor without 
license and thereby became disqualified from obtaining a 
license to keep a dram shop within this state. 



220 MESSAGES AND PROCLAMATIONS OF 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby remove 
the aforesaid disabilities imposed on the said Edwin DeWolf 
by reason of such conviction. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this second day of August AD. eighteen 

hundred and seventy-nine. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. McGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

AUGUST 5, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 78 



The State of Missouri, To all who shall see these presents: 
Greeting: 

WHEREAS Peter 0' Sullivan was by the judgment of the 
Johnson county court of common pleas in A. D. 1870, con- 
victed of selling liquor without license and thereby became 
disqualified from obtaining a license to keep a dram shop 
within this state. 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby remove 
the aforesaid disabilities imposed on the said Peter O'Sul- 
livan by reason of such conviction. 



GOVERNOR JOHN SMITH PHELPS 221 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the Great Seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this fifth day of August A. D. Eighteen 

hundred and seventy nine. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. McGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

AUGUST 15, 1879 
From the Register of Civil Proceedings, 1879-188%, p. 81 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS Baldwin Stevens was by the judgment of 
the Johnson court of common pleas of Johnson county in 
December 1871. convicted of selling liquor without license 
and thereby became disqualified from obtaining a license 
to keep a dram shop within this State. 

Now THEREFORE 1, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby remove 
the aforesaid disabilities imposed on the said Baldwin 
Stevens by reason of such conviction. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the Great Seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 15th day of August A. D. 1879. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



222 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

AUGUST 21, 1879 
From the Register of Civil Proceedings, 1879-188%, p. 88 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS Campbell Engle stands charged by indict- 
ment with the murder of Edward G. Godsey in the county 
of Nodaway, and has fled from justice and cannot be ar- 
rested by ordinary process of law. 

Now THEREFORE I, John S. Phelps, governor of the 
state of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby offer a 
reward of Two hundred dollars, for the arrest and delivery 
of said fugitive to the sheriff of said county of Nodaway at 
the county seat thereof, at any time within twelve months 
from the date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this 21st day of 'August A. D, 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

SEPTEMBER 15, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 89 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, A. R. Gonce was convicted and sentenced 
by the circuit court of Stone county to two years in the 
penitentiary for the crime of bigamy; and afterwards broke 
jail, and has fled from justice and cannot be arrested by 
ordinary process of law, 



GOVERNOR JOHN SMITH PHELPS 223 

Now THEREFORE, I John S. Phelps Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing, do hereby offer a 
reward of One hundred and fifty dollars for the arrest and 
delivery of said fugitive to the sheriff of said county of 
Stone, at the county seat thereof, at any time within one 
year from the date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the Great Seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson, this fifteenth day of September Ad 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

OCTOBER 3, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 98 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Benjamin Perkins stands charged by indict- 
ment with the murder of Robert Pellery in the county of 
Gentry, and has fled from justice and cannot be arrested 
by ordinary process of law: Now Therefore, I, John S. 
Phelps governor of the state of Missouri, by virtue of au- 
thority in me vested, and for good and sufficient reasons 
appearing do hereby offer a reward of Two hundred dollars 
for the arrest and delivery of said Benjamin Perkins to the 
sheriff of said county of Gentry at the county seat thereof 
at any time within one year from the date of these presents. 
In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this third day of October, A. D. 1879. 

JOHN S. PHELPS. 
By the Governor 
MTCH'L K. MCGRATH, Secretary of State. 



224 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

OCTOBER 4, 1879 
From the Register of Civil Proceedings, 1879-1882, pp. 9S-94 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, John Williams stands charged by indictment 
in the circuit court of St. Francois county with the murder 
of Mathew Kinney in the county aforesaid, on the 3rd day 
of December 1871, and has fled from justice and cannot be 
arrested by ordinary process of law: 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing do hereby offer a 
reward of One hundred and fifty dollars for the arrest and 
delivery of said John Williams to the sheriff of said county 
of St. Francois at Farmington, at any time within one year 
from the date hereof. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the Great Seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this fourth day of October, A. D. 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K, MCGRATH, Secretary of State. 



OFFERING A REWARD 

OCTOBER 29, 1879 
From the Register of Civil Proceedings, 1879-188%, pp. 98-99 



STATE OF MISSOURI, EXECUTIVE DEPABTMENT. 

WHEREAS, Antonia Mitdendorf, stands charged by 
affidavit with the murder of Thomas Bequette in the county 
of Jefferson, and has fled from justice, and cannot be ar- 
rested by ordinary process of law. 



GOVERNOR JOHN SMITH PHELPS 225 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby offer a 
reward of Two hundred dollars for the arrest and delivery 
of said Antonia Mitdendorf, to the sheriff of said county of 
Jefferson at the county seat thereof, at any time within one 
year from the date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this 29th day of October A. D. 1879. 

JOHN S. PHELPS. 
By the Governor 

MIGH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

OCTOBER 29, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 99 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS B. F, Leon and David Dillon stand charged 
by indictment with the crime of burglary and larceny in 
the county of Jefferson, and have fled from justice and can- 
not be arrested by ordinary process of law. 

Now THEREFORE, I, John S. Phelps, governor of the 
state of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby offer 
a reward of One hundred and fifty dollars each, for the ar- 
rest and delivery of said B. F. Leon and David Dillon to 
the sheriff of said county of Jefferson, at the county seat 
thereof, at any time within one year from the date of these 
presents. 



226 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the Great Seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this 29th day of October AD. 1879. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

OCTOBER 29, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 100 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS George B. Tucker stands charged by in- 
dictment with the crime of bigamy, in the county of Jef- 
ferson and has fled from justice and cannot be arrested by 
ordinary process of law: 

Now THEREFORE, I, John S. Phelps, governor of the 
state of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing do hereby offer a 
reward of One hundred dollars, for the arrest and delivery 
of said George B. Tucker to the sheriff of said county of 
Jefferson, at the county seat thereof at any time within one 
year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal of 
(Seal) the State of Missouri. Done at the city of 

Jefferson this 29th day of October A. D. 1879. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 227 

OFFERING A REWARD 

OCTOBEK 29, 1879 
From the Register of Civil Proceedings, 1879-1882, pp. 100-101 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Henry Wilkinson stands charged by indict- 
ment with the crime of grand larceny, in the county of Jef- 
ferson, and has fled from justice and cannot be arrested by 
ordinary process of law. Now Therefore, I, John S. 
Phelps, governor of the state of Missouri, by virtue of au- 
thority in me vested, and for good and sufficient reasons ap- 
pearing do hereby offer a reward of One hundred dollars 
for the arrest and delivery of said Henry Wilkinson to the 
sheriff of said county of Jefferson at the county seat thereof 
at any time within one year from the date of these presents. 
In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 29th day of October AD. 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State, 



ON REMOVAL OF DISABILITIES 

OCTOBEH 31, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 101 



State of Missouri, To all who shall see these presents, Greeting: 
WHEREAS, Joseph Northcutt was by the judgment of 
the circuit court of Nodaway county, in Eighteen hundred 
and seventy-three, convicted of selling liquor without li- 
cense and thereby became disqualified from obtaining a li- 
cense to keep a dram shop within this state, Now, There- 
fore, I, John S. Phelps, governor of the state of Missouri, 
by virtue of authority in me vested and for good and suf- 



228 MESSAGES AND PROCLAMATIONS OF 

ficient reasons appearing do hereby remove the aforesaid 
disabilities imposed on the said Joseph Northcutt by reason 
of such conviction. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the Great Seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this thirty-first day of October A. D. 

Eighteen hundred and seventy-nine. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

NOVEMBER 6, 1879 
From the Register of Civil Proceedings, 1879-1882, pp. 103-104 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS Henry Williams alias Young, stands charged 
by indictment with the crime of assault to kill, in the county 
of Jefferson, and has fled from justice and cannot be ar- 
rested by ordinary process of law, 

Now THEREFORE I, John S. Phelps, governor of the 
state of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing, do hereby offer 
a reward of Seventy-five dollars for the arrest and delivery 
of said Henry Williams alias Young, to the sheriff of said 
county of Jefferson, at the county seat thereof, at any time 
within one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this sixth day of November AD. 1879. 

JOHN S. PHELPS. 
By the Governor 
MICH'L K, MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 229 

OFFERING A REWARD 

NOVEMBER 6, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 103 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS James Boyer stands charged by indictment 
with the crime of assault with intent to kill, in the county 
of Jefferson and has fled from justice, and cannot be ar- 
rested by ordinary process of law. 

Now, THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing, do hereby offer a 
reward of Seventy-five dollars for the arrest and delivery of 
the said James Boyer to the sheriff of said county of Jeffer- 
son at the county seat thereof at any time within one year 
from the date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this sixth day of November. A. D. 

1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

NOVEMBER 13, 1879 
From the Register of Civil Proceedings, 1879-1888, p. 106 



State of Missouri, To all who shall see these presents, greeting: 

WHEREAS, Henry Schmidt was by the judgment of the 

circuit court of Nodaway county at the August term AD 

1870, and the July term A. D, 1873 convicted of selling 



230 MESSAGES AND PROCLAMATIONS OF 

liquor without license, and thereby became disqualified 
from" obtaining a license to keep a dram shop within this 
state; 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing, do hereby remove 
the aforesaid disabilities imposed on the said Henry Schmidt 
by reason of such conviction. 

In Testimony Whereof, 1 have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this 13th day of November A. D. 

Eighteen hundred and seventy nine. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON THANKSGIVING 

NOVEMBER 15, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 107 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI. 

In acknowledgment of the many mercies bestowed upon 
the people of this State during the past year, and in pur- 
suance of the proclamation of the President of the United 
States I, John S. Phelps, Governor of the State of Missouri 
on behalf and in the name thereof do hereby designate 

Thursday, the 27th day of November as a day of 
Thanksgiving and prayer: And I do request the people of 
this state to abstain from their usual secular pursuits on 
that day, to assemble in their usual places of public worship, 
and to return thanks to Almighty God for the abundant 
harvest He has bestowed upon our people for the increase 
of business and general prosperity now enjoyed for our 
exemption from pestilence, and for the other innumerable 
blessings we have received, and to pray they may be con- 
tinued. 



GOVERNOR JOHN SMITH PHELPS 231 

In Testimony Whereof, I, John S. Phelps, have 
hereunto set my hand and caused to be affixed 
the great seal of the State of Missouri 
(Seal) Done at the City of Jefferson this 15th day of 
November in the year of Our Lord 1879, of the 
independence of the United States the 104th 
and of the State of Missouri the 60th. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

NOVEMBER 21, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 108 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Frank Lane, alias Daniel C. Slater, and 
William Smith, stand charged by affidavit with the murder 
of William J. Young in the county of Clark, and have fled 
from justice and cannot be arrested by ordinary process of 
law. 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing do hereby offer a 
reward of two hundred and fifty dollars for the arrest and 
delivery of each of said fugitives, Frank Lane alias Daniel 
C. Slater and William Smith, to the sheriff of Clark county, 
at the county seat thereof, at any time within one year from 
the date of these presents. 

In Testimony Whereof I have hereunto set my hand 
and caused to be affixed the great seal of th 
(Seal) State of Missouri. Done at the City of Jeffer- 

son this 21st day of November A. D. 1879. 

JOHN S. PHELPS. 
By the Governor 
MICH'L K. MCGRATH, Secretary of State. 



232 MESSAGES AND PROCLAMATIONS OF 

ON REMOVAL OF DISABILITIES 

DECEMBER 5, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 



STATE OF MISSOUEI, S. S. 

WHEREAS, Martin O'Rourke was, by the judgment of 
the circuit court of Nodaway county, in the years eighteen 
hundred and seventy- three, eighteen hundred and seventy- 
four, and eighteen hundred and seventy-five, convicted of 
selling liquor without license; and thereby became dis- 
qualified from obtaining a license to keep a dram shop within 
this state. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested,and 
for good and sufficient reasons appearing do hereby remove 
the aforesaid disabilities imposed upon the said Martin 
O'Rourke by reason of such convictions. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri Done at the City of Jeffer- 
son this fifth day of December, A. D. eighteen 
hundred and seventy nine. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

DECEMBER 6, 1879 
From the Register of Civil Proceedings, 1879-1882, pp. 112-118 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, James M. Norvall stands charged by in- 
dictment with the murder of Francis Vickars in the county 
of Cooper, and has fled from justice and cannot be arrested 
by ordinary process of law: 



GOVERNOR JOHN SMITH PHELPS 233 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby offer 
a reward of One hundred and fifty dollars for the arrest 
and delivery of said James M. Norvall, to the sheriff of 
said county of Cooper at the county seat thereof, at any 
time within one year from the date of these presents 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the City of 
Jefferson this 6th day of December A. D. 1879. 
By the Governor: JoHN s * PHELPS. 

MIGH'L K. MCGRATH, Secretary of State. 



ON REMO VAL OF DISABILITIES 

DECEMBER 17, 1879 
From the Register of Civil Proceedings, 1879-1882, p. 115 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS James Sewell was by the judgment of the 
criminal court of Pettis county at the November term A. D. 
Eighteen hundred and seventy-eight convicted of selling 
liquor without license and thereby became disqualified 
from obtaining a license to keep a dram shop within this 
state. Now Therefore I, John S. Phelps Governor of the 
State of Missouri, by authority in me vested, and for good 
and sufficient reasons appearing, do hereby remove the 
aforesaid disabilities imposed upon the said James Sewell 
by reason of such conviction. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this seventeenth day of December 
A. D. Eighteen hundred and seventy nine. 
By the Governor JoHN S; PHELPS. 

MIGH'L K. MCGRATH, Secretary of State. 



234 MESSAGES AND PROCLAMATIONS OF 

ON REMOVAL OF DISABILITIES 

DECEMBER 17, 1879 
From the Register of Civil Proceedings, 1879-1882, pp. 115-116 



State of Missouri, To all who shall see these presents: Greeting: 
WHEREAS E. Longan, was by the judgment of the 
criminal court of Pettis county at the November term AD. 
eighteen hundred and seventy eight convicted of selling 
liquor without license and thereby became disqualified from 
obtaining a license to keep a dram shop within this state. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby remove 
the disabilities aforesaid imposed on the said E. Longan 
by reason of such conviction. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this seventeenth day of December 

A. D. eighteen hundred and seventy nine. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

DECEMBER 18, 1879 
From the Register of Civil Proceedings, 1879-1888, p. 117 

STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, L. D. Rhoades and William Cooksey stand 
charged by indictment with the crime of grand larceny in 
the county of Mercer and have fled from justice and cannot 
be arrested by ordinary process of law. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 



GOVERNOR JOHN SMITH PHELPS 235 

for good and sufficient reasons appearing do hereby offer a 
reward of One hundred dollars for the arrest and delivery of 
each of said fugitives, L. D. Rhoades and William Cooksey 
to the sheriff of said county of Mercer at the county seat 
thereof at any time within one year from the date of these 
presents 

In Testimony Whereof I have hereunto set my hand 
and caused to be affixed the great seal of the 
(Seal) state of Missouri. Done at the City of Jefferson 
this 18th day of December A. D, 1879. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

DECEMBER 20, 1879 
From the Register of Civil Proceedings, 1879-1888, pp. 117-118 



State of Missouri, To all who shall see these presents Greeting: 
WHEREAS, Joseph Stricklan was by the judgment of 
the circuit court of Maries county at the April term AD. 
eighteen hundred and seventy seven convicted of selling 
liquor on Sunday and thereby became disqualified from ob- 
taining a license to keep a dram shop in this state. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby remove 
the aforesaid disabilities imposed upon the said Joseph 
Stricklan by reason of such conviction. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this twentieth day of December AD. 

Eighteen hundred and seventy nine. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



236 MESSAGES AND PROCLAMATIONS OF 



OFFERING A REWARD 

JANUARY 3, 1880 
From the Register of Civil Proceedings, 1879-188$, -p. 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, John Stewart stands charged by indictment 
with the murder of David Reed in the county of Platte, and 
has fled from justice, and cannot be arrested by ordinary 
process of law. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby offer a 
reward of One hundred dollars for the arrest and delivery 
of said fugitive, John Stewart to the sheriff of said county of 
Platte, at the county seat thereof, at any time within one 
year from the date of these presents. 

In Testimony Whereof, I have hereunto set my 
* hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 

Jefferson this 3rd day of January A. D. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JANUARY 17, 1880 

From the Register of Civil Proceedings, 1879-1882, p. 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS, Peter Hamill, was at the November term 
A. D. Eighteen hundred and seventy-five, of the circuit 
court of Nodaway county, convicted of selling liquor with- 
out license, and thereby became disqualified to obtain a 
license to keep a dram-shop within this state: 

Now THEREFORE I John S, Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 



GOVERNOR JOHN SMITH PHELPS 237 

for good and sufficient reasons appearing, do hereby remove 
the disabilities imposed on the said Peter Hamill by reason 
of such conviction 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this seventeenth day of January A. 

D. Eighteen hundred and eighty. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JANUARY 26, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 126 



The State of Missouri, To all who shall see these presents: 
Greeting: 

WHEREAS, Joseph Huber was on the twentieth day of 
September A. D. 1869 of the Johnson county court of com- 
mon pleas; and on the eleventh day of June A. D. 1874 of 
the circuit court of said Johnson county, convicted of selling 
liquor without license, and thereby became disqualified to 
obtain a license to keep a dram shop within this state, Now 
Therefore I, John S. Phelps, Governor of the State of 
Missouri, by virtue of authority in me vested and for good 
and sufficient reasons appearing do hereby remove the dis- 
abilities imposed on the said Joseph Huber by reasons of 
such convictions. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson, this twenty sixth day of January AD. 

Eighteen hundred and eighty. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



238 MESSAGES AND PROCLAMATIONS OF 

ON REMOVAL OF DISABILITIES 

FEBRUARY 24, 1880 
From the Register of Civil Proceedings, 1879-188$, p. 1S4 

The State of Missouri, To all who shall see these presents: 
Greeting: 

WHEREAS Sandford Freeman was, at the August 
adjourned term AD 1877, of the circuit court of Clay county, 
convicted of grand larceny and sentenced to the penitentiary 
of this state for the term of two years, and thereby became 
disqualified to be sworn as a witness, or to vote at any 
election, or to hold any office of honor or profit or trust 
within said state. Now Therefore, I, John S. Phelps, 
Governor of the State of Missouri, by virtue of authority 
in me vested and for good and sufficient reasons appearing, 
do hereby remove the disabilities imposed on the said Sand- 
ford Freeman by reason of such conviction. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this twenty fourth day of February 

AD, Eighteen hundred and eighty* 

JOHN S. PHELPS. 
By the Governor 

MTCH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

FEBRUARY 25, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 1S8 



STATE OF MISSOUBI, EXECUTIVE DEPABTMBNT, 8. S. 

WHEREAS John Brown and Emma Brown stand charged 
by affidavit with the murder of George Brown in the county 
of Cooper, and have fled from justice and cannot be arrested 



GOVERNOR JOHN SMITH PHELPS 239 

by ordinary process of law, Now, Therefore, I, John S. 
Phelps, Governor of the State of Missouri, by virtue of 
authority in me vested, and for good and sufficient reasons 
appearing, do hereby offer a reward of One hundred and 
fifty dollars, each, for the arrest and delivery of said John 
Brown and Emma Brown, to the sheriff of said county of 
Cooper, at the county seat thereof, at any time within one 
year from the date of these presents. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the City of 

Jefferson this 25th day of February AD. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

MARCH 6, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 1S9 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS John Felker has been convicted in the 
Maries circuit court of violations of the dram shop law and 
thereby became disqualified to obtain a license to keep a 
dram shop within this state Now Therefore I, John S. 
Phelps, Governor of the State of Missouri, by virtue of 
authority in me vested, and for good and sufficient reasons 
appearing do hereby remove the disabilities imposed on 
the said John Felker. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this sixth day of March AD. Eighteer\ 

hundred and eighty. 

JOHN S, PHELPS, 
By the Governor 
MICH'L K, McGRATH, Secretary of 



240 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

MARCH 10, 1880 
From the Register of Civil Proceedings, 1879-1882, pp. 140-141 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS William Hilderbrand stands charged by 
indictment with the murder of Hugo Veth in the county of 
Jefferson, and has fled from justice and cannot be arrested 
by ordinary process of law 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby offer a 
reward of Two Hundred dollars for the arrest and delivery 
of said William Hilderbrand to the sheriff of said county 
of Jefferson, at the county seat thereof at any time within 
one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 10th day of March A. D. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



OJV THE COMPLETION OF THE STATE LUNATIC 
ASYLUM AT ST. JOSEPH 

MARCH 29, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 145 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, March 29, 1880. 

WHEREAS, information has been received by me from 
the commissioners for rebuilding the Missouri State Lunatic 
Asylum No. 2, at St. Joseph, that the building has been 
completed and is now ready for the reception of patients. 



GOVERNOR JOHN SMITH PHELPS 241 

THEREFORE I hereby give notice that those who may 
be entitled to its benefits will be received at said asylum 
when application shall be made in accordance with law. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 29th day of March AD. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

APBIL 3, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 148 



STATE OF MISSOURI, EXECUTIVE DEPABTMENT. 

WHEREAS Pinkney A. Baker stands charged by indict- 
ment with the murder of James Middleton, in the county 
of St. Francois, and has fled from justice and cannot be 
arrested by ordinary process of law 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby offer a 
reward of Two Hundred dollars for the arrest and delivery 
of said Pinkney A. Baker to the sheriff of St. Francois, 
county at the county seat thereof, at any time within one 
year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 3rd day of April AD. 1880. 

JOHN S. PHELPS, 
By the Governor 
MICH'L K. MCGRATH, Secretary of State. 



242 MESSAGES AND PROCLAMATIONS OF 

ON DECLARING CERTAIN COMMISSIONS 
VACATED 

APRIL 7, 1880 
From the Register of Civil Proceedings, 1879-188%, p. 149 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

By virtue of authority in me vested by law, I, John S. 
Phelps, Governor of the Slate of Missouri, hereby declare 
vacated, from and after the first day of May 1880, all com- 
missions heretofore issued to persons residing in any of 
the states or territories of the United States, or foreign 
countries, as commissioners of deeds for the State of Mis- 
souri, who have failed to duly qualify as such commissioners 
as required by section 641, of the revised statutes of the 
State of Missouri of 1879. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this seventh day of April A. D. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

APRIL 23, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 158 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS Thomas Griffin was at the March term 1870, 
>f the circuit court of Morgan County, convicted of selling 
iquor without license, and thereby became disqualified to 
t ain a license to keep a dram shop within this state 



GOVERNOR JOHN SMITH PHELPS 243 

Now THEREFORE I, John S. Phelps, governor of the 
state of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing, do hereby re- 
move the disabilities imposed on the said Thomas Griffin 
by reason of such conviction 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri Done at the City of 
Jefferson this 23rd day of April A. D. 1880. 

JOHN S. PHELPS. 
By the governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

MAY 8, 1880 
From the Register of Civil Proceedings, 187&-1882, p. 156 



The State of Missouri, To all who shall see these presents: 
Greeting: 

WHEREAS Patrick McNellis was at the March term 1880 
of the circuit court of Nodaway county convicted of selling 
beer to a minor, and thereby became disqualified to obtain 
a license to keep a dram shop within this state. 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby remove 
the disabilities imposed on the said Patrick McNellis by 
reason of such conviction 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri Done at the City of Jef- 
ferson this eighth day of May A. D. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



244 MESSAGES AND PROCLAMATIONS OF 

ON REMOVAL OF DISABILITIES 

MAY 10, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 167 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS John L. Barr was at the March term 1876 
of the circuit court of St. Glair county, convicted of bigamy 
and sentenced by said court to imprisonment in the peni- 
tentiary of this state for a term of two years, and thereby 
became disqualified to be sworn as a witness or juror in 
any cause, or to vote at any election or to hold any office 
of honor, profit or trust within said state; and Whereas 
upon the recommendation of the inspectors of the peni- 
tentiary a pardon was issued to said John L. Barr on the 
8th day of September 1877 at the expiration of three fourths 
of said term of two years. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby remove 
the disabilities imposed on the said John L. Barr by reason 
of such conviction. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 

Jefferson this 10th day of May AD. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 245 

OFFERING A REWARD 

MAY 14, 1880 
From the Register of Civil Proceedings, 1879-1882^ p. 160 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS John W. Patterson stands charged by in- 
dictment with the murder of James G. Clark in the county 
of Henry and has fled from justice and cannot be arrested 
by ordinary process of law. Now Therefore I John S. 
Phelps, Governor of the State of Missouri by virtue of 
authority in me vested and for good and sufficient reasons 
appearing, do hereby offer a reward of One hundred dollars 
for the arrest and delivery of said John W. Patterson to the 
sheriff of Morgan county at Versailles the county seat 
thereof at any time within twelve months from the date of 
these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 14th day of May AD. 1880. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JUNE 18, 1880 
From the Register of Civil Proceedings, 1879-1882, pp. 178-173 



The State of Missouri, To all who shall see these presents: 
Greeting: 

WHEREAS John C. Bales was at the November term 
1879 of the circuit court of Ray county convicted of selling 
liquor on Sunday and thereby became disqualified to ob- 
tain a license to keep a dram shop within this state. 



246 MESSAGES ANt> PROCLAMATIONS OF 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby re- 
move the disabilities imposed on the said John C. Bales by 
reason of such conviction. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the City of 
Jefferson this 18th day of June A. D. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JUNE 25, 1880 
From the Register of Civil Proceedings, 1879-1880, p. 176 



State of Missouri, To all who shall see these presents Greeting: 
WHEREAS John Eilers was at the term 1874 of the 
circuit court of Nodaway county convicted of selling liquor 
to a minor and thereby became disqualified to obtain a li- 
cense to keep at dram shop within this state. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby remove 
the disabilities imposed on the said John Eilers by reason 
of such conviction. 

In Testimony Whereof 1 have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this twenty fifth day of June AD. 1880 

JOHN S. PHELPS. 
By the Governor 

MICH'L K, MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 247 

ON REMOVAL OF DISABILITIES 

JUNE 29, 1880 
From the Register oj Civil Proceedings, 1879-1882, p. 177 

The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS, William R. Jackson was at the May term 
1880, of the circuit court of Ray county convicted of selling 
liquor without license and thereby became disqualified to 
keep a dram shop within this state 

Now THEREFORE I John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing do hereby remove 
the disabilities imposed on the said William R. Jackson by 
reason of such conviction. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this Twenty ninth day of June AD. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

JULY 8, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 180 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, July 8, 1880. 

WHEREAS J. B. Farrell stands charged by indictment 
with the crime of forgery in the third degree, in the county 
of Montgomery and has fled from justice and cannot be 
arrested by ordinary process of law 

Now THEREFORE, I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 



i48 MESSAGES AND PROCLAMATIONS OF* 

;or good and sufficient reasons appearing, do hereby offer a 
reward of One hundred dollars for the arrest and delivery 
3f said J. B. Farrell to the sheriff of said county of Mont- 
gomery, at the county seat thereof at any time within one 
year from the date of these presents. 

The county of Montgomery has also offered a reward 
of Fifty dollars for the arrest of said fugitive payable upon 
the usual conditions. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 8th day of July A. D. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. McGnATH, Secretary of State. 



OFFERING A REWARD 

JULY 13, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 182 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS it has been made known to me that Benjamin 
F. Drinkard, generally called Frank Drinkard, was at the 
May term 1880 of the circuit court of Macon county, con- 
victed of the crime of murder and sentenced to ninety nine 
years imprisonment in the penitentiary, and on the night of 
the 25th day of June broke jail, and is now at large and 
cannot be arrested by ordinary process of law. 

Now THEREFORE I John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing, do hereby offer a 
reward of One hundred and fifty dollars for the arrest and 
delivery of said Benjamin F. Drinkard to the sheriff of 
Macon county, at Macon City within twelve months from 
this date Provided the said Drinkard shall be apprehended 



GOVERNOR JOHN SMITH PHELPS 249 

without the limits of this state; if apprehended within this 
state One hundred dollars will be paid for his arrest and 
delivery as aforesaid. 

A. J. Davis, sheriff of Macon county has also offered a 
reward of One hundred and fifty dollars for the arrest of 
said Benjamin F. Drinkard 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 13th day of July AD. 1880. 

JOHN S. PHELPS. 
By the Governor 

MTCH'L K. McGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JULY 30, 1880 
From the Register of Civil Proceedings, 187Q-188&* p. 186 



The State of Missouri, To all who shall see these presents 
Greeting: 

John Reiter was at the May term 1874 of the circuit 
court of Atchison county convicted of selling liquor to a 
minor, and thereby became disqualified to obtain a license 
to keep a dram shop within this state. Now Therefore 1, 
John S. Phelps, Governor of the state of Missouri by virtue 
of authority in me vested and for good and sufficient reasons 
appearing do hereby remove the disabilities imposed on the 
said John Reiter by reason of such conviction. 

In Testimony Whereof I have hereunto set my hand 
and caused to be affixed the great seal of the 
(Seal) State of Missouri. Done at the City of Jeffer- 
son this 30th day of July AD. 1880. 

JOHN S. PHELPS. 
By the Governor 

MTCH'L K. MCGRATH, Secretary of State. 



250 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

AUGUST 4, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 190 



STATE OF MISSOUBI, EXECUTIVE DEPARTMENT. 

WHEREAS M. J. Daugherty and T. B. Daugherty stand 
charged with the crime of murder in the county of Christian, 
and have fled from justice and cannot be arrested by ordi- 
nary process of law 

Now THEREFORE, I John S. Phelps governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing do hereby offer a 
reward of Seventy five dollars each for the arrest and de- 
livery of said M. J. Daugherty and T. B. Daugherty to the 
sheriff of Christian county, at Ozark, at any time within 
twelve months from the date of these presents. The 
sheriff of Christian county has also offered a reward of 
fifty dollars for the delivery of M. J. Daugherty and the 
county of Christian has offered a reward of fifty dollars for 
the delivery of T. B. Daugherty to the sheriff of Christian 
county. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this fourth day of August AD 1880. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 251 

ON REMOVAL OF DISABILITIES 

AUGUST 9, 1880 
From the Register of Civil Proceedings, 187 9-1 882, p. 19S 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS John Newman was, at the April term 1878, 
of the circuit court of Clark county, convicted of grand 
larceny and sentenced by said court to imprisonment in 
the penitentiary of this state for a term of two years and 
thereby became disqualified to be sworn as a witness or 
juror in any cause or to vote at any election, or to hold any 
office of honor, profit or trust within said state. 

Now THEREFORE I, John S. Phelps Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing do hereby remove 
the disabilities imposed on said John Newman by reason of 
such conviction. 

In Testimony Whereof, I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this ninth day of August AD. 1880. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

AUGUST 19, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 197 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS Francis M. Starkey was at the March term 
1879 of the circuit court of Nodaway county, convicted of 
petit larceny, and sentenced by said court to imprisonment 



252 MESSAGES AND PROCLAMATIONS OF 

in the county jail of said county, and thereby became dis- 
qualified to be sworn as a witness or juror in any cause, 
or to vote at any election or to hold any office of honor, 
profit or trust within said state 

Now THEREFORE 1, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing, do hereby remove 
the disabilities imposed on the said Francis M, Starkey by 
reason of such conviction. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri Done at the City of 

Jefferson this 19th day of August A. D. 1880. 

JOHN S. PHELPS. 
By the Governor: 
MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

AUGUST 23, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 199 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, William Petrie stands charged by affidavit 
with the murder of David Ingraham in the county of Stod- 
dard, and has fled from justice and cannot be arrested by 
ordinary process of law 

Now THEREFORE I Jphn S. Phelps, Governor of 
the State of Missouri, by virtue of authority in me vested, 
and for good and sufficient reasons appearing do hereby 
offer a reward of Two hundred dollars for the arrest and 
delivery of said William Petrie to the sheriff of said county 
of Stoddard, at the county seat thereof at any time within 
one year from the date of these presents. 



GOVERNOR JOHN SMITH PHELPS 253 

In Testimony Whereof I have hereunto set my 

hand, and caused to be affixed the great seal of 

(Seal) the State of Missouri Done at the City of 

Jefferson this 23rd day of August A. D. 1880. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

SEPTEMBER 13, 1880 
From the Register of Civil Proceedings, 1879-1888, p. SOS 



STATE OF MISSOTTBI, EXECUTIVE DEPARTMENT. 

WHEREAS, Jere Walker, Lum Walker, William Phillips, 

George Flippo, William McElmurray Flippo alias Bill 

Smith, stand charged by indictment with the murder of 
Buck Hampton in the county of Stone, and have fled from 
justice and cannot be arrested by ordinary process of law. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby offer 
a reward of One Hundred and fifty dollars, each, for the 
arrest and delivery of said Jere Walker, Lum Walker, Wil- 
liam Phillips, George Flippo, William McElmurray and 

Flippo, alias Bill Smith, to the sheriff of said county of 
Stone at the county seat thereof at any time within one 
year from the date of these presents. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this 13th day of September AD. 1880. 

JOHN S, PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



254 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

SEPTEMBER 14, 1880 
From the Register of Civil Proceedings, 1879-1882, pp. 206-2Q7 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Campbell Engle, stands charged by indict- 
ment with the murder of Edward G. Godsey, in the county 
of Nodaway, and has fled from justice and cannot be ar- 
rested by ordinary process of law 

Now THEREFORE I, John S. Phelps, governor of the 
state of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby offer a 
reward of Two hundred dollars for the arrest and delivery 
of said Campbell Engle to the sheriff of said county of 
Nodaway, at the county seat thereof at any time within one 
year from the date of these presents. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri Done at the City of 

Jefferson this 14th day of September A/D. 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



SUSPENDING GEORGE E. MAYHALL FROM 
OFFICE 

OCTOBEK 9, 1880 
From the Register of Civil Proceedings, 1879-1888, p, 816 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JBFFEKSON CITY, 
October 9, 1880. 

WHEREAS I have been furnished with a duly certified 
copy of an indictment preferred on the 29th of September 
AD. 1880, against George E. Mayhall by the grand jury of 



GOVERNOR JOHN SMITH PHELPS 255 

the Hannibal court of common pleas in Marion County in 
this state, charging him with a wilfull and deliberate viola- 
tion of the duties of his office of coal oil inspector fof the 
town of New London, Rails county. 

Now THEREFORE, by virtue of the authority vested 
in me by law, and for the cause aforesaid, I John S. Phelps, 
governor of the * state of Missouri do hereby suspend the 
said George E. Mayhall from the duties of his said office 
during the pleasure of the governor. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this ninth day of October AD. Eighteen 

hundred and eighty. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



07V THE ENFORCEMENT OF ELECTION LA WS 

OCTOBER 21, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 2$1 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS I have reliable information that persons who 
do not possess the requisite qualifications of voters have 
been registered as qualified voters in the City of St. Louis, 
and that such persons will endeavor to vote at the ensuing 
election 

Now THEREFORE, to secure a free, full and impartial 
vote to all those who are entitled to vote, and to exclude 
fraudulent and illegal voters, I do hereby direct the sheriff, 
his deputies, the metropolitan police force of said city and 
all other executive officers of the state, in said city, to see 
the laws concerning registration and election be strictly 
enforced and faithfully executed: And that said officers 



256 MESSAGES AND PROCLAMATIONS OF 

shall specially aid the board of revision in correcting and 
making perfect the registration lists of said city: and that 
said officers, as well as the officers charged with the duty of 
conducting the ensuing election, shall use their utmost 
endeavors to secure a fair and legal election and aid in the 
discovery, detection and arrest of those persons who have 
illegally registered themselves as voters, or who may illegally 
vote in said election Let the purity of the ballot be pre- 
served by the punishment of the guilty. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this 21st day of October A. D. 1880. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. McGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

OCTOBER 21, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 



The State of Missouri, To all who shall see these presents 

Greeting: 

WHEREAS William H. Smith was at the November 
term 1874, of the circuit court of Nodaway county convicted 
of selling liquor without license and thereby became dis- 
qualified to obtain a license to keep a dram shop within this 
state. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby remove 
the disabilities imposed on the said William H. Smith by 
reason of such conviction. 



GOVERNOR JOHN SMITH PHELPS 257 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the State of Missouri Done at the City of 

Jefferson this 21st day of October AD. 1880. 

JOHN S, PHELPS. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON THE ENFORCEMENT OF ELECTION LAWS 

OCTOBER 28, 1880 
From the Register of Civil Proceedings, 1879-1882, pp. 224-225 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS it is apprehended attempts will be made to 
perpetrate frauds at the ensuing election in this state. 

Now THEREFORE, to secure a free full and impartial 
vote to all those who are entitled to vote and to exclude 
fraudulent and illegal voters and to preserve the purity of 
the election, I do hereby direct the sheriff of every county 
in this state and their deputies, the marshals of all towns, 
cities and counties, and their deputies, the police force of 
every town and city within their respective jurisdictions, 
and all other executive officers of the state to see that the 
laws regulating and pertaining to elections be strictly 
enforced and faithfully executed. 

And that all of said officers, as well as the officers 
charged with the duty of conducting elections, shall use 
their utmost endeavors to secure a fair and legal election, 
and aid in the discovery, detection and arrest of those 
persons who may illegally vote in said election, or commit 
any other violation of the law relating to elections. It 
must be specially borne in mind "Each voter shall vote only 
in the township in which he resides, or if ia a town or city, 
then in the election district therein in which he resides*' 



258 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the state of Missouri. Done at the City of 

Jefferson this 28th day of October AD 1880. 

JOHN S. PHELPS. 
By the Governor 

MICH'L K. McGRATH, Secretary of State. 



ON THANKSGIVING 

NOVEMBER 2, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 

STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

The labors of the husbandmen have been bounteously 
rewarded; the crops have been saved and securely garnered; 
we have been spared the afflictions of a pestilence; good 
health has prevailed; the manufacturers have increased 
their labors; the railroads of our state are burdened in 
transporting our products to market; business of all kinds 
has revived and is prosperous; quiet and good order have 
prevailed; the laws have been faithfully executed and en- 
forced. For all these blessings, and many others we have 
enjoyed, let us give thanks to Almighty God. 

THEREFORE, I, John S. Phelps, governor of the state 
of Missouri, do hereby appoint and designate Thursday the 
25th. inst, as a day of Thanksgiving, and do recommend 
the people of the state shall, on that day, assemble in their 
respective places of public worship and give thanks to the 
Lord for the many blessings with which we have been 
favored, and pray for their continuance 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the State of Missouri. Done at the City of 

Jefferson this 2nd day of November A. D. 1880. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 259 

OFFERING A REWARD 

NOVEMBER 10, 1880 
From the Register of Civil Proceedings, 1879-1882, p, 242 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS Joseph Collier stands charged by affidavit 
with the murder of Joseph House in the county of Madison, 
and has fled from justice and cannot be arrested by ordinary 
process of law, 

Now THEREFORE I, John S. Phelps, governor of the 
state of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby offer 
a reward of One Hundred and Fifty dollars for the arrest 
and delivery of said Joseph Collier to the sheriff of Madison 
county at the county seat thereof at any time within one 
year from the date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri Done at the City of 

Jefferson this 10th day of November AD. 1880. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

NOVEMBER 27, 1880 
From the Register of Civil Proceedings, 1879-188, p. 274 



STATE OP MISSOUBI, EXECUTIVE DEPARTMENT. 

WHEREAS William A. Salisbury stands charged by 
indictment with the murder of Lowsen Pope in the county 
of Butler, and has fled from justice and cannot be arrested 
by ordinary process of law. 



260 MESSAGES AND PROCLAMATIONS OF 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested and 
for good and sufficient reasons appearing do hereby offer 
a reward of Two hundred dollars for the arrest and delivery 
of said William A. Salisbury to the sheriff of said county of 
Butler, at the county seat thereof, at any time within one 
year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of the 
(Seal) state of Missouri. Done at the City of Jefferson 
this 27th day of November A. D. 1880 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of- State. 



OFFERING A REWARD 

DECEMBEK 15, 1880 
From the Register of Civil Proceedings, 1879*1882, p. 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS William F. Martin, convicted of murder in 
the first degree in the county of Laclede, has broke jail and 
fled from justice and cannot be arrested by ordinary process 
of law. 

Now THEREFORE I John S* Phelps, governor of the 
state of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing, do hereby offer 
a reward of Two-hundred dollars for the arrest and delivery 
of said William F. Martin to the sheriff of Laclede county, 
at the county seat thereof, at any time within one year 
from the date of these presents. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this 15th day of December, A. D. 1880. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PKELPS 261 



OFFERING A REWARD 

DECEMBER 16, 1880 
From the Register of Civil Proceedings, 1879-188%* pp. 884-885 



STATE OF MISSOUEI, EXECUTIVE DEPARTMENT. 

WHEREAS W. Tim Barham, William Nash and Jesse 
Winn stand charged by affidavit in the county of Dunklin 
with the murder of John C. Crawford in said county on the 
17th day of November 1880, and have fled from justice 
and cannot be arrested by ordinary process of law. 

Now THEREFORE I, John S. Phelps, Governor of the 
State of Missouri, by virtue of authority in me vested, and 
for good and sufficient reason appearing do hereby offer a 
reward of One hundred and fifty dollars each for the arrest 
and delivery of said W. Tim Barham, William Nash and 
Jesse Winn to the sheriff of said county of Dunklin, at the 
county seat thereof, at any time within one year from the 
date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the State of Missouri. Done at the City of 

Jefferson this 16th day of December A. D. 1880 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JANUARY 6, 1881 
From the Register of Civil Proceedings, 1879-1882, pp. 290-291 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS J. C. Bales was heretofore convicted in the 
circuit court of Ray county of violation of the dram shop 
law and thereby became disqualified to obtain a license .to 
keep a dram shop within this state. Now THEREFORE I, 
John S. Phelps, governor of the state of Missouri, by virtue 



262 MESSAGES AND PROCLAMATIONS OF 

of authority in me vested, and for good and sufficient reasons 
appearing, do hereby remove the disabilities imposed on the 
said J. C. Bales by reason of such conviction; and declare 
the said Bales, so far as said convictions are concerned, is as 
fully entitled as ever he was, to be licensed to keep a dram 
shop. 

In Testimony Whereof I have hereunto set my hand 

and caused to be affixed the great seal of the 

(Seal) State of Missouri. Done at the City of Jefferson 

this sixth day of January AD. eighteen hundred 

and eighty one. 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

JANUARY 6, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 



State of Missouri, To all who shall see these presents Greeting: 
WHEREAS William R. Jackson was heretofore convicted 
in the circuit court of Ray county of violation of the dram 
shop law and thereby became disqualified to obtain a license 
to keep a dram shop within this state. 

Now THEREFORE I John S. Phelps, governor of the 
state of Missouri, by virtue of authority in me vested, and 
for good and sufficient reasons appearing do hereby remove 
the disabilities imposed on the said William R. Jackson by 
reason of said conviction; and declare the said Jackson as 
far as said convictions are concerned is as fully entitled as 
ever he was to be licensed to keep a dram shop. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the City of 
Jefferson this sixth day of January A. D. eigh- 
teen hundred and eighty-one, 

JOHN S. PHELPS. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR JOHN SMITH PHELPS 263 



MEMORANDA OF PROCLAMATIONS, WRITS OF 
ELECTION AND VETO NOTICE 



MAY 24, 1877 
From the Register of Civil Proceedings. 1874-1878, pp. 397-398 



The Governor returned to the office of the secretary 
of state, bills of the following titles (presented to him within 
the ten days next preceding the adjournment of the general 
assembly) without his approval: 

An act directing the state board of equalization to 
assess, adjust and equalize the railroad property in the state 
of Missouri for the years 1876 and 1877. 

An act to revise and amend the laws in relation to the 
organization and support of public schools and to repeal 
certain acts relating thereto. 



SEPTEMBER 17, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 44$ 



The Governor issued writs to the sheriffs of Cass and 
Johnson county ordering an election to be held in said 
counties on the 29th of September, inst. for a judge of the 
seventh judicial circuit to fill the vacancy caused by the 
resignation of Judge Wm. S. Shirk. 



SEPTEMBER 27, 1877 
From the Register of Civil Proceedings, 1874-1878, p. 



The Governor issued a writ to the sheriff of Osage 
county ordering an election to be held in said county on the 
16th of October 1877, for a county judge to fill the vacancy 
caused by the death of judge James G. McKnight. 



264 MESSAGES AND PROCLAMATIONS OF 

SEPTEMBER 16, 1878 
From the Register of Civil Proceedings, 1874-1878, p. 576 

The Governor issued writs to the sheriffs of the counties 
of Bellinger, Madison, Perry, St. Francois, and Ste. Genevieve 
ordering an election to be held in said counties on the 5th 
day of November 1878 for a judge of the 20th judicial circuit 
to fill the unexpired term of the Hon. Jno. B. Robinson 
deceased. 

SEPTEMBJSB 30, 1878 
From the Register of Civil Proceedings, 1874-1S78, p. 581 



The Governor issued a writ to the sheriff of Audrain 
county ordering an election to be held in the counties com- 
posing the Ninth senatorial district on the 5th day of No- 
vember 1878, for the election of a state senator from said 
district to fill the vacancy caused by the resignation of 
Hon. John A. Flood. 

OCTOBEE 22, 1878 
From, the Register of Civil Proceedings, 1874-1878, p. 587 



The Governor issued a writ to the sheriff of the city 
of St. Louis authorizing an election to be held in said city 
on the 5th of November 1878 to elect a public administrator 
to serve for a term of two years. 



JANUARY 23, 1879 
From the Register of Civil Proceedings, 1879-188%, p. 9 



The Governor issued a writ to the sheriff of the county 
of Dunklin ordering an etection to be held in said county 
on the 8th day of February 1878 for a representative from 
said county to the 30th General Assembly to fill the vacancy 
caused by the death of the Hon. Jesse Long. 



GOVERNOR JOHN SMITH PHELPS 265 

MARCH 24, 1879 
From the Register of Civil Proceedings, 1879-1882, p. S3 



The Governor issued writs of election to the sheriffs 
of the Counties of Camden, Cooper, Morgan, Cole, Miller 
and Moniteau, ordering an election to be held in said counties 
on the sixth day of May 1879 for the purpose of electing a 
judge of the first-judicial circuit to fill the vacancy in said 
circuit caused by the death of Judge George W. Miller. 



DECEMBER 10, 1879 
From, the Register of Civil Proceedings, 1879-1882, p. 114 



The Governor issued writs of election to the sheriff 
of the counties of Cole, Miller, Camden, Hickory, Polk, 
Dallas, Lafayette, Johnson, Pettis, Moniteau, Morgan, 
Benton and Cooper, composing the Seventh Congressional 
district, ordering an election to be held in said counties 
on the tenth day of January 1880 for the election of a repre- 
sentative in congress from said district to fill the vacancy 
in said district caused by the death of the Honorable A. M. 
Lay. 



ATTGUST 6, 1880 
From the Register of Civil Proceedings, 1879-1882, p. 192 



The Governor issued writs to the sheriffs of the counties 
of Iron, Madison, Bollinger, Wayne, Butler, Reynolds, 
Carter, Ripley, Oregon and Shannon composing the 
Twenty fourth senatorial district, ordering an election to 
be held in said district on the second day of November 1880 
for the purpose of electing a state senator from said district 
to fill the vacancy therein caused by the death of John B. 
Duchouquette. 



GOVERNOR THOMAS THEODORE CRITTENDEN 




THOMAS T. CRITTENDEN 

Governor 1881-1885 



THOMAS THEODORE CRITTENDEN 

BY 

SARAH GUITAR 

Thomas Theodore Crittenden, twenty-fourth governor 
of Missouri, was born near Shelbyville in Shelby county, 
Kentucky, January 1, 1832. He was a member of the old 
and distinguished Crittenden family of Kentucky, his 
father, Henry Crittenden, being a younger brother of 
John J. Crittenden, governor of and U. S. Senator from 
Kentucky. His mother was a daughter of Colonel John 
Allen, an eminent Kentucky lawyer. 

Young Crittenden received his primary education in 
the log cabin school at Cloverport, and, in 1852 entered 
Centre College, at Danville, Kentucky. He was graduated 
from this institution in 1855, and at once took up the study 
of law at Frankfort, in the office of his uncle, John J. Crit- 
tenden, one of the most eminent members of the Kentucky 
bar. Crittenden was admitted to the bar by Chief Justice 
Simpson of the Supreme Court of the state, at Winchester 
in 1856. 

He was married on November 13, 1856, to Miss Caro- 
line W. Jackson of Frankfort, Kentucky. To this union 
were born four children, three sons, and one daughter: 
Henry Houston, Thpjnas T. Jr., William, and Caroline A. 
Crittenden. The daughter, Carqline, died in Jefferson 
City at the executive mansion during her father's term as 
governor. 

In the summer of 1857 Mr. Crittenden came to Mis- 
souri, locating at Lexington in Lafayette county, where he 
was admitted to the bar and began the practice of law. 
It was at this time that he formed a partnership with Judge 
John A. S, Tutt. Upon the death, of Attorney-General 
Aikinan Welch in 1864, he was appointed by Governor 
Hall to fill out the smexpired term of this officer. 

(269) 



270 MESSAGES AND PROCLAMATIONS OF 

At the outbreak of the Civil War he entered the Federal 
service and, with Judge John F. Philips, became active in 
organizing a regiment of Union troops. The command was 
mustered into service in 1862 as the Seventh Cavalry of the 
Missouri State Militia, with John F. Philips as colonel and 
Thomas T. Crittenden, lieutenant-colonel. Crittenden 
served continuously throughout the remaining three years 
of the war and before the regiment was mustered out of 
service on April 7, 1865, had risen to the rank of colonel. 

At the close of the war he resumed the practice of law 
at Warrensburg, where, in 1867, he formed a partnership 
with General F. M. Cockrell and became the head of the 
law firm of Crittenden and Cockrell. This partnership 
was dissolved in 1875, when General Cockrell was sent to 
the United States Senate. 

Colonel Crittenden was elected to the United States 
Congress from the Seventh Congressional District in 1872. 
He served one term and in 1874 was defeated for renomina- 
tion, in the famous contest between Colonel Philips, A. M. 
Lay and himself, in which over 600 ballots were taken. 
Colonel Philips was finally nominated on the 690th ballot. 
In 1876 Crittenden again represented his district in Congress, 
serving until 1878, when he refused to become a candidate 
for re-election. 

In 1880 he secured the Democratic nomination for 
governor, over John S. Marmaduke and John A. Hockaday, 
the other two Democratic candidates. He was elected 
governor, defeating the Republican candidate, David P. 
Dyer, by a plurality of 54034. 

One of the most notable acts of Governor Crittenden' s 
administration was the institution of the suit of the State 
of Missouri against the Hannibal and St. Joseph Railroad 
for the payment of the $3,000,000 bonds loaned to that 
road in 1851 and 1855. The suit was settled in favor of 
the State and the road paid the claim in full, with the 
accrued interest. It was also during Crittenden's term as 
governor, and due to his energetic efforts, that the outlaw 
band, headed by the James brothers, which had terrorized 



GOVERNOR THOMAS THEODORE CRITTENDEN. 271 

the state for more than thirteen years, was finally broken 
up. 

At the close of his administration as governor, Critten- 
den took up his residence in Kansas City, where, in 1885, 
he became a member of the law firm of Crittenden, Me- 
Dougal and Stiles. 

In 1893, during the second administration of President 
Cleveland, he was appointed United States Counsul- 
General to Mexico. With the close of his diplomatic 
career in 1897 he returned to Kansas City. He died there 
on May 29, 1909. 



272 MESSAGES AND PROCLAMATIONS OF 

INAUGURAL ADDRESS 

JANUARY 10, 1881 
From the Journal of the House of Representatives, pp. 53-67 

Gentlemen of the Senate and House of Representatives: 

Called by a majority of the people of Missouri, and 
to that majority a cordial acquiescence being given by an 
intelligent minority, to assume the duties of Chief Magistrate 
of the State, I am ready to devote my time and attention 
to the requirements of the office, and now promise you an 
earnest co-operation in all that may tend to promote the 
well-being and well-doing of this great commonwealth. 
My predecessor having filled the office with such distin- 
guished ability, and performed its duties with such singular 
success, leaves it a difficult place to occupy. I may not 
bring to the performance of those duties as much ability 
as he displayed during the four years he made honorable 
the office, yet I will strenuously endeavor to make his 
administration, in many things, a model worthy of the 
closest imitation. In contemplating the peace, plenty and 
security bestowed upon us by the Creator of all things, we 
should at once bow our heads and hearts in recognition of 
His kindness and mercy, and exhibit, at all times, our 
gratitude and praise of Him for the happiness of our people. 
No people are more greatly blessed than ours, not only in 
this State, but throughout our whole land. While England, 
Ireland, France, Russia, Spain and Germany are, to a 
greater or less extent, agitated and unsettled by unhappy 
and discontented populations, peace and contentment 
prevail throughout our land. Our prosperity is a marvel 
to the older nations of the earth. Ours is the only country 
upon the face of the globe that is self-sustaining. If the 
oceans and gulf, guarding like sleepless sentinels our borders, 
were, by some magical power, changed at a moment into 
broad expanses of fire, thereby limiting our people to the 



GOVERNOR THOMAS THEODORE CRITTENDEN. 273 

productive capacities of our soil and the inherent energy 
of their natures for their support and prosperity, no panic 
would be created on this continent by the separation, and 
no deprivations causing want and sorrow would follow. 
We are infinitely more independent of other nations than 
they are of us; therefore we, as a people and government, 
should form no "entangling alliances" with them, only to 
cultivate friendly associations and establish peaceable and 
bloodless solutions of all vexed questions when the occasions 
occur. "Blessed is the peacemaker," is as applicable to 
the nation as to the individual. No chance guided our 
people to such a land as this. Ours are a people of marked 
characteristics, and ours is a country peculiarly fitted for 
the abiding place of such a people, possessing a soil of un- 
surpassed fertility, a vigorous and varied climate, and all 
the necessary and natural means of greatness and independ- 
ence. With the past full of happiness and greatness, we 
have but to wisely use our advantages with thankfulness 
and wisdom; then the future will, be still more abundant 
of those gifts and blessings which insure a glorious destiay 
to our favored land. Missouri forms no unimportant part 
of this country, occupying almost the geographical center 
of the Union, with its vast resources and capabilities, 
penetrated and enriched by two of the greatest rivers in 
the world, with her railroads reaching in every direction, 
and new ones being daily constructed, constitute it, as it 
were, the very key of the arch of the union of these States, 
which must and will bind them together forever and ever. 
Here the civilization of the North and the South meet on 
common soil and become one, as the climate of both sections 
here meet and mingle into one of strength and beauty. 
Such a State can never become sectional from the very 
nature of its position and climate; here the cereal of the 
North and the cotton of the South grow and flourish side 
by side, and here the oak x>f the West and the pine of the 
South spring im grandeur from the same soil. There is no 
part of this wonderful State that is Bot susceptible of bemg 
made into lovely homes and peaceful abodes. Nature 



274 MESSAGES AND PROCLAMATIONS OF 

smiles kindly upon every part of the State, and there is no 
production known to the hand of husbandry and industry 
that cannot be grown from her soil and produced from her 
mineral wealth. In the last decade Missouri has made 
rapid progress in increase of population, ranking as the fifth 
State in the Union, and growing more rapidly than any 
State east of the Mississippi, except Michigan, and surpassed 
West only by Texas and Kansas, and will, in the next 
decade, attain three millions of population if the same ratio 
of increase continues. The name of Missouri is heard all 
over the Union in language of commendation, and with the 
assertion that it is yet destined to become one of the fore- 
most of the sisterhood of States. Let us do nothing by 
unwise legislation to check her prospective greatness, and 
then it will be said of us, in after-times, we have not abused 
the confidence of the people. With no less love for this, 
the State of my adoption, than for the revered one which 
gave me birth, I am now ready to tender her my services 
and the watchful care of the great office to which her people 
have so generously elevated me. 

Its indebtedness is insignificant compared to its capaci- 
ties and possibilities. The eminent divine, Henry Ward 
Beecher, said in a recent article: "The breadth of land from 
the Red river country of the North, stretching to the Gulf 
of Mexico, including Minnesota, Wisconsin, Illinois, Iowa, 
Missouri, Kansas and Texas, is one of the most wonderful 
agricultural spectacles of the globe. It is one of the few 
:acts that are unthinkable. In this ocean of land, and nearly 
ts center, stands the Inrperial State of Missouri." Even 
i Kansas man admits that in natural qualifications it leads 
ill the rest, and is the crown and glory of all the Union, 
[t has boundless treasures of iron, coal, lead, and other 
ninerals; lands richer there cannot be, nor finer, purer 
treams; its forests are more equally distributed over the 
State than in any other; its climate, wholesome and delight- 
ul, blends the temperature of the northern lakes and the 
[reat southern gulf, and, as one of our distinguished citizens 
ias said: "Here one can create for himself a home in the 



GOVERNOR THOMAS THEODORE CRITTENDEN. 275 

fullest meaning of the word, a home where he can sit under 
his own vine and tree, and eat bread made from his own 
grain, quaff wine from his own vineyard, smoke a pipe filled 
from his own planting, while he and his family may be clad 
in cottons, linens, woolens and silks grown upon his own 
freehold*" The value of these facts is apparent when we 
consider how rarely all these blessings are combined in any 
State in this Union, or in any territory of the same area 
upon the face of the globe. 

We should, in a State like this, legislators, make the 
laws broad, wise, and effective, in meeting not only the 
demands of the present, but also commensurate to the 
probabilities of the future. Capital and population are 
less localized in the world to-day than ever before, as so 
many new fields are presenting themselves for occupation, 
and those will reap the richest harvests of both, all other 
things being equal, that afford the greatest protection in 
law and investment. New forces are being inaugurated 
in our midst daily, and it is the part of wisdom to so guard, 
protect and restrain them by liberal legislation, as not to 
repress their full development upon the one hand, nor deter 
the introduction of others upon the other. Prejudice is 
more often based on ignorance than on enlightenment, and 
at an era like this, when so much may be gained by liberality 
of thought, the greatest degree should be exercised. The 
future prosperity of the State, as well as the fullest develop- 
ment of its resources, will, and do, depend upon the enact- 
ment of liberal laws and their fearless enforcement against 
all violators, that the depredators may know that the pro- 
tection of life and property are the essential desideratums 
of all well regulated societies. We should let all know that 
Missouri cannot be the home and abiding place of law- 
lessness of any character. No political affiliations shall 
ever be evoked as the means of concealment of any class of 
law-breakers, but when crime is committed, pursuit and 
punishment will be inflicted under the forms of the law 
without fear, favor or affection. And it should be also 
known that no court of this State, or its processes, can be 



276 MESSAGES AND PROCLAMATIONS OF 

used by any through malice or favor, to punish or vex any 
person not guilty of a crime, nor to shield any, whatever 
may have been his past association or standing in society. 
Courts are established for two purposes: to punish the guilty 
and protect the innocent, both in criminal and civil law, 
and when diverted from these two purposes by evil men, 
then a crime is committed against society. When courts 
do their duty, mob violence is seldom known, as that 
violence is, in fact, but a protest and revolt against the 
corruption and inefficiency of the regular officers of the 
law. Being a witness to the good flowing from the wise 
administration of the affairs of the State for the last four 
years, I now declare that it is my determination to pursue, 
as before said, as far as possible, the same line of policy, 
and then leave it to the future to vindicate my right of 
judgment by the consequences of my performance. As far 
as it is within my power, I shall protect every dollar of 
investment made in this State by corporations or individuals 
desiring to make life and property as safe here as in any 
State in the Union. Millions of money are being expended 
in this State at present, in the shape of organized capital, 
by our own citizens, and those of other States, in the pur- 
chase of old and the construction of new lines of railroads; 
in the resuscitation of old and the opening of new mines of 
coal, iron, ztec and lead; in the rehabilitation of old farms, 
and the opening of new ones; in the rebuilding of old mills, 
long gone to decay, and in the construction of new ones; 
and in the projection of other enterprises of great pith and 
moment to the State. Around all such investments we 
should place the panoply of just laws, extending to them 
no more and no less legislation than is given to society in 
general, giving the investors to understand that a recognition 
of, and an obedience to, the laws of the State will be required, 
even to the minutest demand, and in return, such invest- 
ments will be protected to the strictest letter and spirit of 
the law. We should make no discriminations in our laws 
against those making such investments, nor will capital be 
permitted to discriminate against our people in the manage- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 277 

ment of their investments. A mutual regard for the rights 
of each will be productive of the greatest good to all. There 
are vested rights in society as well as in corporations, and 
there is a remedy for the violation of the one as of the other. 
It is gratifying to learn that the limited means furnished by 
the Legislature and citizens of the State to promote im- 
migration has done so much good. I urge upon this body 
the wisdom of supplying greater means and greater facilities 
for accomplishing this end. No money can be more wisely 
used, and if wisely used, more fruitful of excellent results. 
Missouri should have one or more intelligent representatives 
in Europe, inviting immigration to this State. We should 
not be behind other States in this important enterprise. 
Nor would it be unwise to have one located in the City of 
New York to meet, consult with and advise the immigrants 
daily landing at that port. Compared to the capacity of 
the State, it is quite sparsely populated. If populated as 
densely as Massachusetts it would have 11,000,000 of people. 
There are two essential causes that will make it one of the 
foremost States of the Union. First, having all the neces- 
sary ingredients to make it a manufacturing State ol great 
proportions, it will inevitably become so. Second, its 
boundless pastoral and agricultural resources will maintain 
it in the forefront of the State. From being ranked as the 
23d State in 1821, with a population of 66,557, it is now 
the fifth State, with a population of 2J^ millions. In the 
name of the State, I cordially invite the honest, intelligent 
and industrious immigrant of any nationality to cast his 
lot in our midst at this auspicious time, and he will find his 
new home surrounded by good schools, excellent church 
and mail facilities, moral society, and as broad political and 
social privileges as can be found in any land. Gov. Fletcher, 
a former Republican Governor of this State, recently said 
in a public address: "That nowhere is the personal liberty 
or the political privileges of the citizen better assured by 
constitutional provision and legislative enactment; that 
nowhere on the earth are the political rights of the citizen 
held more inviolate, or more uninterruptedly enjoyed by 



278 MESSAGES AND PROCLAMATIONS OF 

every class, condition or color of citizen, than in Missouri." 
This standard of protection shall not be lowered during 
my administration. The educational interests of the State 
are fixed upon a firm foundation, and should be sacredly 
guarded and wisely fostered. Parsimony towards educa- 
tion is liberality towards crime. Let us preserve the 
University of the State, the Normal Schools, that also of 
Metallurgy, and the common schools, with vigilance, and 
if prodigal at all in expenditure of the people's money, let 
it be in the interest of education. Education is contagious 
and every facility should be given for its diffusion. Crime 
as inevitably gives way before the march of education as 
the Indian, the wolf and the buffalo do before the tread of 
civilization. No State is great until its educational facilities 
are great, and at the door of the poor boy in the cabin, as 
well as within the reach of the spoiled child of fortune. 
There is no cheaper defence to a community or a common- 
wealth than education. It is a stronger and safer bulwark, 
more unfailing and vigilant than the most powerful arma- 
ments of wood, iron and steel, and it makes its recipients 
the boldest defenders of the right and the most uncompro- 
mising enemies of the wrong. I repeat again an earnest 
recommendation of this subject to this honorable body. 
Let no efforts be considered too great, no patience too 
exhausting, and no means too arduous to extend it to all 
classes of society. Let us exhibit to the nation the noble 
spectacle of Missouri educated as she should be, her sons 
and daughters adding the grace, and powers, and virtues, 
of cultivated minds to their fine natural qualities and those 
who have contributed to bring about the results, will be 
entitled to the lasting gratitude of posterity. I append 
to this address the following statistics on education taken 
from the report of our Superintendent of Public Schools. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 



279 



EDUCATION IN MISSOURI 



The following statistics are taken from the office of the 
State Superintendent of Public Schools: 



No. of school houses in the State 8,240 

No. of houses rented for school purposes 298 

Total 8,547 

No. of white schools in operation 8, 149 

No. of colored schools in operation 492 

Total 8,641 

No. of white children between 6 and 20 years of age 681 ,995 

No. of colored children between 6 and 20 years of age 41,480 

Total 723,484 

No. of teachers employed 11,659 

Attendance of white pupils during the year 460,090 

Attendance of colored pupils during the year 22,896 

Total 482,986 

Value of school property in the State $7,353,401 .22 

Amount paid for erection of school buildings 113,287.25 

Fines, forfeitures, etc., collected 51 ,558 .22 

Teachers' wages paid during the year 2, 118,637 .36 

Total receipts during the year $4,020,860.30 

Total expenditures during the year 3 , 151 , 178 .47 

The principal of the various school funds is as follows: 

Township school funds $1 ,950,732 .89 

County school funds 2,392,723.67 

Special school funds 1,523,903.19 

State school funds 2 , 909 ,457 . 11 

Seminary fund 122,000.00 

Total $8,898,816.86 



On the 1st of November 497 students were in attendance 
at the University, 513 at the Normal School at Kirksville, 



280 MESSAGES AND PROCLAMATIONS OF 

237 at Warrensburg, 184 at Cape Girardeau, 105 at the 
Lincoln Institute, and 71 at the School of Mines. 

Missouri has also over one hundred colleges and 
academies not counted in the foregoing. 

The law on taxation in this State should command the 
most careful consideration. A system should be devised 
that will be equal in its operations, making every description 
of property bear its due proportion of the burthens of govern- 
ment and looking to an equitable and just taxation of banks, 
railroads, lands and stocks, so that capital may be invited 
and not repelled from the State, in order that there can be 
no war between capital and labor. Justice always insures 
peace in society. A reduction of the rate of taxation in the 
counties and State, can be attained by wise and equitable 
revenue laws, and the natural consequences of such a re- 
duction would be an increase of population and wealth, 
and those factors, in turn, would cause still further reduc- 
tions in course of time, by the introduction of more wealth 
and still greater population. High taxes provoke dis- 
content and invasions of the law, and should not exist one 
moment beyond their imperative necessity. The State 
and county debts should be extinguished as rapidly as pos- 
sible, compatible with the prosperity and capacity of the 
people. A great debt is at no time a blessing to a State, a 
county, or an individual, and the same assiduity should be 
used to relieve each and all. The course of legislation for 
the last few years indicates clearly the popular will, that 
nothing should be done to diminish the power of the State 
to redeem or refund at maturity her outstanding bonds, 
and to meet with unwavering promptness every payment 
of interest at the places and times when they may fall due. 
I accord most unreservedly my approbation to the stern 
honesty of our people, that bids them be just before they 
consult their convenience, their comforts or their growth. 
The State debt is the result of great measures, conceived 
a quarter of a century ago by wise men, for the develop- 
ment of its various sections, and in the fruition and maturity 
of those measures, the State has passed from the rank of 



GOVERNOR THOMAS THEODORE CRITTENDEN. 281 

the fifteenth to that of the fifth, and is still marching for- 
ward with great boldness and rapidity. 

There are two important measures that will in all prob- 
ability be brought before this body, the refunding of so much 
of the State indebtedness as is now, or may become due, 
before the Legislature convenes again. The time is auspi- 
cious for refunding that indebtedness, and at a lower rate 
of interest than the State is now paying. A five per cent, 
bond would command a ready sale. It would be difficult to 
make a better or surer investment than in Missouri five per 
cent, bonds. And the second measure is to so amplify 
the judicial powers under the Constitution as will in some 
way relieve the Supreme Court of the embarrassment under 
which it is now laboring. That court has labored for years 
with industry, and, under the circumstances, with much 
honor to the eminent position it occupies, but has been 
wholly unable to relieve itself of its increased work. That 
court is so much behind in its labors, it is simply a denial of 
justice to litigants to await its action, and it is thought that 
some seek this forum as a means of delay in the settlement 
of litigated questions. ' ' 

Credit is the crowning glory of a State and a county. It 
is to each what honor is to a man, what virtue is to a woman, 
what faith is to a Christian; no stain should tarnish one or 
the other. There are some counties indebted beyond their 
capacity to pay. The debts should be comprised upon 
terms alike just to the creditor and debtor. No oppressive 
means should be adopted by either. In such cases it is 
equally as obligatory upon the creditor to meet the debtor 
upon a possible base of adjustment, as it is for the debtor 
to meet the creditor upon a reasonable one of acceptance, 
Repudiation, direct or indirect, should not be considered 
for a moment. Its conception should bring a blush of shame 
to every cheek, for no advantage obtained by a community 
or an individual by violence, dishonor or law cunning, can 
be permanent or beneficial. It is an enduring shame and 
the greatest blight that can cast a shadow over a State or a 
county. No State or county ever ventured upon such a 



282 MESSAGES AND PBOCLAMATIONS OF 

course that escaped the unhappy consequences. In financial 
history and moral sentiment, it is "the worm that never 
dies; is the pestilence that walketh in darkness, and the 
destruction that wasteth at noonday, and at last biteth 
like a serpent and stingeth like an adder." It is the dark- 
ness of death without the hope of resurrection. 

The greatest progress and advancement are made in 
those counties freest from debt, and also those that show 
the greatest disposition to adjust their indebtedness upon 
honorable terms. Few townships, and still fewer counties, 
have been benefited by litigating their bonded indebted- 
ness, for in the end they will have to pay not only the 
original indebtedness with long accrued interest, but also 
large fees and heavy costs, a few vexatious local lawyers 
being the only ones benefited by the delay. Procrastina- 
tion is as much the thief of money as of time, and should 
never be consulted in business transactions when it involves 
the honor of the individual or the community. Im- 
mediately after the war many of the counties of this State 
were burthened with an unprofitable bonded indebtedness, 
which has borne heavily upon the people for years, in some 
instances driving them into desperate acts of lawlessness. 
While not at all commending the manner in which those 
debts were created, nor believing for a moment in the 
honesty of the purposes for which they were created, yet 
it having been done, and recognized by the judgments of 
the courts of the State, no resistance should be made against 
the operation of their judgments. No society, no individual, 
no property, can be safe and preserved in that community 
where self-constituted tribunals reverse by violence the 
decrees of the regularly appointed courts. It is always 
safer and better for society, as a rule, to live quietly under 
a bad law, or a corrupt act of a court, than to offer violent 
resistance to either. In well regulated society, evils and 
abuses soon correct themselves. In the language of Mr. 
Jefferson: " Error is never dangerous when truth is left 
free to combat it." It will be wise in those defaulting 
counties to adjust upon an equitable basis their indebted- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 283 

ness, having learned, by this time, from vexations and 
costly experience, that in the postponement of an evil no 
permanent or satisfactory relief is had. It is more honor- 
able, and more in accord with all elevated standards of 
commercial transactions, to settle fairly, even though unable 
to pay, than to have no settlement at all. 

I think a general registration law should be enacted, 
but before this can be done the Constitution of the State 
will have to be amended. Section 5, article 8, of the Con- 
stitution limits the power of the Legislature to enact registra- 
tion laws to cities and counties of certain numbers of in- 
habitants. The Legislature should consider the propriety 
of amending the Constitution in the manner and form 
provided in that instrument as regards registration. It is 
evident that much illegal voting is done at every regular 
election in cities and towns of all sizes, and often in the 
country. The ballot box should be preserved from the 
unhallowed touch of fraud by severe legislative restrictions, 
prohibitions and penalties. An impure ballot is a crime 
against society and good government, and should be con- 
demned by all political parties. 

Whatever is necessary to perfect the militia law, should 
be considered by the Legislature with much care. A well 
drilled and well regulated militia is of great value to the 
peace of society, and the stability of the State. I but 
reiterate in this expression what has been said by our 
fathers and law-makers, commencing with the message of 
Gen. Washington, in 1794, and ending with the last con- 
gressional report of 1880. I feel assured that your body 
will not carelessly overlook this important feature of our 
State government. 

For many years the Penitentiary has been a source of 
great embarrassment to past Legislatures, costing the State 
each year a large sum of money. Such has not been the 
case for the last few years* because, under the law, there 
has been a demand and employment for every able-bodied 
convict, either inside or outside of the Penitentiary, until 
during the last winter. Under the present law the lease or 



284 MESSAGES AND PROCLAMATIONS OF 

contract system has been abolished, and the convicts with- 
drawn from outside labor. It will be well for this body to 
consider the propriety of restoring that system, and engag- 
ing in remunerative labor those convicts for whom a demand 
is not had in the Penitentiary. I am informed there are 
two hundred convicts comparatively idle. These must 
necessarily be of heavy cost to the State. The evil should 
be remedied at an early day; first, on the ground of economy; 
second, the morale of the convicts, as idleness is always the 
parent of discontent and insubordination. The true theory 
of success in the management of a penitentiary or any large 
body of men, is in keeping them constantly and wisely en- 
gaged in remunerative employment. The taxpayers of the 
State expect the convicts to be so used as not to impose 
additional burthens of taxes on them. They have the right 
to believe that the Penitentiary can be, and should be, made 
a self-supporting institution. They, paying the expenses 
of the Penitentiary should be heard and consulted as to the 
manner in which convict labor should be employed. There 
are, in the minds of many, serious objections to such labor 
being used outside of the Penitentiary, upon the ground 
that it brings that species of labor in competition with free 
labor. The Legislature should consider this question calmly 
and weigh it carefully, but, at the same time, it should not 
be deterred from doing its duty to the whole people by the 
clamor of a few. In considering this question, the Legis- 
lature should so act as to do full justice to the State, as well 
as to those opposing the outside use of such labor. Whilst 
not seeking primarily to make the Penitentiary so much a 
money-making institution as one of punishment and*ref- 
ormation, yet it should not become, for the want of wise 
legislation, an onerous burthen to the State. The Legis- 
lature should guard the State. The law authorizes the 
employment of a chaplain at the Penitentiary, paying him 
five hundred dollars a year, That sum being insufficient 
to employ the whole time of a competent Christian minister, 
I think the sum should be increased. If a chaplain is neces- 
sary at all, his whole time should be devoted to the physical, 



GOVERNOR THOMAS THEODORE CRITTENDEN. 285 

moral and spiritual comforts of the convicts. The State 
pays the present chaplain five hundred dollars, and some 
church in this city pays the balance of his salary. The 
State should not engage in such partnerships, especially 
not so when it is evidently at the cost and loss of that class 
who are wholly unable to help themselves. The obligation 
the minister owes to the church and its membership is of 
greater force than that due the criminal, and if either must 
suffer, as it often happens, the criminal will always be that 
one. The State should not be accessory to such neglect, 
and should not encourage it longer. Such joint engagements 
are beneath the dignity of the State, and such economy is 
unworthy of consideration. Separate, in this instance, 
church and State, and both will be benefited. 

It is gratifying, indeed, to know that the finances of the 
State are in a satisfactory condition. The embarrassment 
that unavoidably and temporarily surrounded the Treasurer 
of the State, has been removed, and upon the close of his 
official career, he has arranged for the payment of every 
dollar due the State. When Col. Gates became Treasurer, 
he, following the long-established custom of his pred- 
ecessors, deposited the State funds in various banks 
throughout the State. The custom, it is admitted, was an 
evil one, and would have been "more honored in its breach 
than in its observance." Until within the last four years, 
the Legislature neglected to provide where and how the 
funds of the State should be provided for, leaving it wholly 
at the discretion of the Treasurers. A part of the State 
funds were deposited in the bank of John J. Mastin & Co., 
at Kansas City, and National Bank of the State of Mis- 
souri, located at St. Louis, which banks afterwards closed 
their doors. At the time of the deposit they were considered 
solvent and worthy of confidence, especially so of the old 
State Bank. It had been for one-half a century one of the 
landmarks of the State, whose management and stability 
had never been questioned. More than one million dollars 
of State funds were deposited in these banks at the time of 
their failure, of which all but $1&3,522.65 has since been 



286 MESSAGES AND PROCLAMATIONS OF 

paid from the assets, dividends and collaterals of those 
banks; and within the last few days, that last mentioned 
sum, with the accrued interest thereon, amounting in the 
aggregate to $184,970.31, has been satisfactorily arranged 
by Calvin F. Burnes, as shown by a contract between 
Calvin F. Burnes and the Bank of Commerce, of St. Louis, 
dated January 6, 1881, and now in the hands of the com- 
mittee appointed by Governor Phelps to settle with the 
State Treasurer. Calvin F. Burnes, having arranged the 
deficit, appeals to the Legislature to allow the use of the 
name of the State in enforcing a first lien on the assets of 
the Mastin Bank, seeking a subrogation to whatever rights 
the State has against the assets of said bank. It will re- 
main for the courts to determine what those rights are. 
The enactment of such a law can, in no event, injure the 
State. This being true, simple justice demands its passage, 
provided it is done without subjecting the State to any 
costs or liability whatever. The arrangement for the pay- 
ment of this large sum of money settles a vexed question 
which has disturbed the people of Missouri for more than 
two years. The actors in such an arrangement deserve the 
approbation of the people of the State. I know of no similar 
instance on the record of any political party. It stands as 
another evidence of the honesty of the dominant party in 
Missouri, and a complete refutation of the charges made 
against Col. Gates and the party, by a partisan press and 
partisan orators during the late canvass. This old and 
diligent public servant now retires from his official duties, 
without a stain upon his solid and rugged character; like 
a true man, conscious of his own rectitude. "The pattern 
of all patience," he has borne, without a murmur, the piti- 
less abuse and malignity heaped upon him, calmly awaiting 
the day for justice to come to his relief and vindicate his 
unswerving honesty. It has come at last, and as he de- 
parts from the office he has honored for four years, pointing 
the unerring finger at the man, it says he has been a faith- 
ful servant. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 287 

The Democratic party having placed the State and its 
finances upon a healthy basis, by an economical administra- 
tion of affairs, is entitled to the continued confidence of the 
people, and will be retained in power till a later day if it 
pursues the same wise policies; but while remembering with 
pride its past history, and the good it has accomplished, 
it should remedy its evils, purge its faults, dethrone its bosses, 
enlarge its horoscope, and advance with determination to 
the possession of those great living principles upon which 
a free and an independent people live, move, and have their 
being. 

The party is as full of life and vigor to-day as if fresh 
from successful political fields. The great secret of this 
"unconquerable vitality is its supreme love of liberty, and 
its supreme regard for, and confidence in, the people." 

The Democracy stands for the foundation principles 
of the Constitution; for local self-government, as opposed 
to centralization; for the restriction and diminution of the 
powers and the interference of government, and for the 
elevation and the untrammeled independence of the in- 
dividual citizens; for equal rights, as opposed to privilege 
and monopoly; for the Republic as opposed to the Empire. 

And as long as those great fundamental ideas remain 
the shibboleths of the party, it will remain invincible and 
undismayed, and as it has in the past seen powerful rivals 
perish, so it will in the future. "Beaten it has been, beaten 
it may be, but hopelessly broken it never can be, as long as 
it is true to the vital idea of government of the people, by 
the people, and for the people." 

It is national in its vote, and national in its views. In 
love of country it is limited to no section, loyal alone to no 
geographical lines, but it is for the happiness and prosperity 
of the whole country. We have passed through another 
Presidential election, successfully as a people and as a 
country, and James A. Garfield will soon be declared the 
lawfully elected President of the United States. It is alike 
gratifying and commendable that it will be accomplished 
without the excitement and unnatural embarrassments 



288 MESSAGES AND PROCLAMATIONS OF 

surrounding the elevation of Mr. Hayes to that chair. It 
can be safely said that our people never again desire to see 
a candidate of any party elevated to that eminent position 
by such methods and such suspicious means. Mr. Gar- 
field becomes President not so much of a party, as of the 
whole country, and at a time when prosperity gladdens the 
hearts of all, when no animosities remain to disturb and 
fret the people when the moment of defeat and victory is 
equally enjoyed by all. It is the universal hope of the 
country that he will be "so clear in his great office," that 
when he comes to lay down the robes of state, it will be said 
of him he did his duty well. His victory was no ordinary 
one, nor over an ordinary opponent, and upon a margin so 
slight that the movement of even one leading man in the 
City of New York could have changed the result. The 
defeat of Gen. Hancock as the representative of the Demo- 
cratic party in no manner lessens the admiration in which 
that illustrious citizen and soldier is held by the whole 
country. Wherever bravery, modesty and ability are held 
in esteem, the name of Hancock will be loved as the un- 
obtrusive and unflinching friend of civil and religious free- 
dom. The names of Garfield and Hancock will stand 
associated in the minds of our people, and in a few more 
years the historian will bring both before the bar of severe 
public opinion, one as a successful politician, the other as a 
successful soldier, and which will stand the fire of that 
crucible is not for us to say to-day. It is my belief that 
Hancock will pass down to other generations unscathed by 
the criticisms of "inexorable history," the idol of a free 
people, whose regard for the supremacy of civil law, although 
a soldier to fame and glory bora, made him its champion 
in its hour of extremest need, when others, smaller men, 
the creatures of power, discarded it as an accursed bauble. 
As a lover of my race, I desire each to do his duty in 
his line, and make his country greater by having lived and 
acted. We are living in one country, under one flag, and 
one national Constitution, and we should be in spirit and 
in deed but one people. That Constitution has been to us 



GOVERNOR THOMAS THEODORE CRITTENDEN. 289 

like the shadow of a great rock in a weary land, has pro- 
tected us in the midst of violent excitements, and the most 
bitter party conflicts, and had this power, because it was 
not the work of a party, was not the outgrowth of faction, 
not the result of temper, but of compromise, moderation 
and patriotism. Our fathers laid deep and well the founda- 
tions, not only of the General Government, but also of 
the State Government, whether for few or many, framing a 
Constitution with almost superhuman wisdom, small enough 
for the parliament of man and broad enough for the federa- 
tion of the world, having ever in view the separation of the 
two classes of governments upon certain local and special 
interests, and a concentration of the two into one, upon other 
great principles. Each form is indispensable to the other 
on the formation of one matchless system of government, 
and each should be guarded with a patriotic zeal. In our 
ardent admiration of State Government, growing some- 
what out of our proximity to it, ever ready to defend its 
"rights," with an exemplary vigor, we should not look with 
distrust upon the General Government, even if at times, in 
our opinion, errors and abuses creep into its management; 
so there may into the administration of all governments, 
but stand firmly by it as the ark of our political salvation, 
relying upon public opinion for the correction of those 
abuses. In the language of a great statesman, long since 
dead: "We, as a people have derived innumerable bless- 
ings from the blessings from the General Government, and 
whatever of evil has occurred in its administration bears 
no proportion to its blessings." Let us teach our children 
that it is in the operation of the American system of govern- 
ment that the States feel and know that they are important 
parts of a great whole, and it is in and by that Union of all 
the States, in that "great whole," that we are known among 
the nations of the earth. From it, as from a rich fountain, 
public prosperity has streamed over our whole land, and from 
the bosom of our great National Republic, a spirit has gone 
forth throughout the world to quicken and raise up the 
oppressed, teaching them a new lesson of freedom, and 



290 MESSAGES AND PROCLAMATIONS OF 

pointing out to them the way of self-government. The 
heart of man must swell with conscious pride at being the 
free citizen of such a Republic. No Roman should ever 
have exclaimed "I am a Roman citizen!" with more pride 
than a Missourian should say, "I am an American citizen!" 

Under the fostering care of the State Government to 
provide for the domestic affairs, and the General Govern- 
ment to guard, with its immense power, our national and 
foreign rights and interests, we can rest in ample security, 
and earnestly look forward to a future that is full of every- 
thing that can gratify the hearts and hopes of a free and 
civilized people. Under such a system of governments our 
whole land is prosperous beyond the anticipations of man. 
Poverty and epidemics are nowhere known or felt, the voice 
of the husbandman and the song of the maiden are heard 
in sweet accord with the music of ceaseless machinery, from 
the Aroostook region of Maine to the mouth of the Rio 
Grande, from the Pacific slope to the shores of the Atlan- 
tic. War is nowhere known or heard in our land. The 
angry passions of partisanship, aroused by a heated political 
canvass, have passed and are forgotten "as a school boy's 
tale, the wonder of an hour." 

Now, "standing, as we do, on the threshold of a new 
year, looking backward to the years that are gone and for- 
ward to those beyond, we have, as a nation, abundant cause 
for thankfulness and hope." In the midst of all these 
blessings it becomes us to acknowledge our grateful de- 
pendence upon that Supreme Being without whose favor 
all schemes of human happiness are vain, and without whose 
benediction the wisdom and exertion of man can accomplish 
nothing truly great and good. 

[THOMAS T. CRITTENDEN.] 



GOVERNOR THOMAS THEODORE CRITTENDEN. 291 

FIRST BIENNIAL MESSAGE 

JANUARY 5, 1883 
From the Journal of the House of Representatives , 188$, pp. 16-71 



Senators and Representatives: 

Section 10 of article V of the Constitution of Mis- 
souri requires me, as Governor of the State, to give the 
General Assembly "information, by message, of the con- 
dition of the State," and to recommend to you such measures 
as I may deem expedient. 

In obedience to this requirement, I give you herein 
such information and suggest such measures as to me seem 
necessary and expedient. 

I congratulate you upon your assembly, as the chosen 
representatives of the people, under such auspicious sur- 
roundings and favorable circumstances. 

Order prevails in every part of the State; local affairs 
are managed with wisdom and economy; the labors of the 
husbandman have been repaid with most abundant harvests; 
the people are blessed with good health, peace, liberty and 
contentment; signs of individual and general prosperity 
greet the eye upon every hand. In acknowledgment of 
these manifold blessings, it becomes us, as a Christian people, 
to return our sincere thanks to the source of all good, and 
to implore Him to avert from our land and homes the 
"pestilence that walketh in darkness and the destruction 
that wasteth at noonday." 

As no necessity exists for a great amount of general 
legislation, there is a corresponding lack of a necessity for 
a protracted session. I trust that your association may be 
pleasant to you and of lasting benefit to the State and 
people. 



292 MESSAGES AND PROCLAMATIONS OF 



THE STATE TREASURY. 

I announce to the people of the State with gratification 
that their finances have never been in a more satisfactory 
condition. The obligations of the State are promptly met, 
and every legal demand made upon the Treasurer is paid 
as soon as presented. During the present administration 
not a warrant of the State has been discounted because of 
non-payment. In fact, there is not a single warrant now 
outstanding. Heretofore warrants have been issued and 
sent to the various civil officers and other claimants through- 
out the State, and before the warrants were, or could be, 
cashed, they were discounted by some person or bank in 
the locality to which they were sent. Now the warrants 
are sent by the Auditor to the Treasurer, who issues a draft 
therefor upon the Bank of Commerce of St. Louis, upon 
which the money is received without delay or discount. 
The warrants drawn, payable to the creditor or bearer, were 
liable to be lost and cashed by some one other than the real 
owner. Such is not the case now. I think the change a 
prudent one. 

In compliance with section 7637, Revised Statutes, 
the Treasurer, on the 22d day of January, 1881, had a 
circular letter printed and sent to all of the principal banks 
and banking institutions of the State, and printed in many 
of the newspapers of the State, soliciting bids for keeping 
the public funds for the term specified in such bids and 
until a new contract shall be made. On the 8th day of 
February, 1881, the bids were opened, as directed by law, 
in the presence of the Governor and Attorney-General; and 
it being seen that the Bank of Commerce, of St. Louis, 
proposed paying, monthly, the highest interest of bonus 
on the average daily balances, that bank was selected as the 
State depository, and gave the security required by section 
7639 of the Revised Statutes. The bank has faithfully 
fulfilled its part of the contract from that date to the present 
time, and has furnished the State every desired facility in 
the transaction of its financial business. By the close of 



GOVERNOR THOMAS THEODORE CRITTENDEN. 293 

this year the bank will have paid the State something over 
$34,000 as interest upon the deposits, which has been 
credited one-half to the interest and one-half to the revenue 
fund. On the 4th day of December, 1882, the Treasurer, 
under section 7637 of the Revised Statutes, mailed a second 
circular letter to each of the banks or banking institutions 
of the State, soliciting bids for keeping the public funds, 
which bids would be received until the 15th day of December, 
1882: As no bids were offered on that day from any source, 
the contract theretofore entered into with the Bank of 
Commerce of St. Louis, was continued at the same rate 
and upon the same terms. This bank has paid from the 
beginning of the contract double the interest heretofore 
received by the State. It is one of the most solvent and 
responsible banks in the State. Since the present law went 
into effect the money of the State is so absolutely secured 
in the depository by the United States and Missouri State 
bonds, pledged as security, in excess of the deposits, that 
if the depository should meet with reverses, the State's 
money could be obtained within fifteen days. The National 
Bank of Commerce of New York is the trustee in charge 
of the hypothecated bonds. In the event that the Bank of 
Commerce of St. Louis should fail to pay the check or checks 
of the Treasurer, under the written contract between the 
bank and the Treasurer, he is authorized with the approval 
of the Governor and Attorney-General to direct the trustee 
to sell, within ten days after the refusal to honor the check 
or checks, the bonds so deposited, or as many as may be 
necessary to pay the whole amount of the State's deposit 
in the bank. The importance of this contract to the State 
can be seen at a glance. It not only fully secures the 
deposits of the State but it also gives immediate recourse 
upon the bonds upon a certain contingency, which insures 
the continuance of the State's credit. The Treasurer keeps 
a small sum of money in the vault in his office, in the Capitol, 
for daily use, an account of which will be given in his report. 
The following tables show the amount of deposits, monthly, 



294 



MESSAGES AND PROCLAMATIONS OF 



ia the Bank of Commerce, how secured, and the interest 
received by the State OB the same: 



MONTHLY BALANCES. 



Date. 

1881 
January 10 


Amount in 
Bank of 
Commerce. 

$332,485 96 


Bonds held 
as 
security. 

$350,000 


February 1 . 


954,997 69 


1,000,000 


March 1 


1,404,222 66 


1,300,000 


April 1 . 


1,331,335 04 


1,300,000 


May 1 


901,954 48 


1,000,000 


June 1 


801,406 07 


1,000,000 


J u ly 


3 297,839 35 


3,400,000 


August . . 


3,252,360 15 


3,400,000 


September 1 


3,330,345 67 


3,400,000 


October 1 


3,354,715 21 


3,400,000 


November 1 


3,399,181 11 


3,500,000 


December 1 


3 199,412 80 


3 326,000 


1882 
January 1 


3 364 907 81 


3 450,200 


February 1 


4 069 762 31 


4,062,400 


Marek 1 


3 978 767 79 


4,015,000 


April 1 


3 803,693 60 


3,833,400 


May 1 


3,699,992 37 


3,725,850 


June 1 


3,597,507 61 


3,616,000 


July 1 


f 3,238,421 43 


3,230,000 


August 1 


3,180,572 65 


3,230,000 


September 1 


503 083 96 


575 000 


October 1 


564 429 31 


600 000 


November 1 


576 825 96 


600 000 


December 1 


494 264 38 


720,000 


1883 
January 1 


849,352 26 


870,000 









GOVERNOR THOMAS THEODORE CRITTENDEN. 



295 



INTEREST ON DEPOSITS. 

Amounts received monthly from the Bank of Commerce as interest 
on deposits: 



1881 
January 


$200 61 




February 


579 83 




March 


893 78 




April 


692 07 




May 


539 00 




June 


914 28 




July 


2,028 58 




August 


2,056 05 




September 


2,000 87 




October 


2,098 64 




November 


2,028 56 




Oecember 


2,044 47 










Total receipts for 1881 




$16,076 74 








1882 
January .... ... 


$2 347 95 




February 


2,237 88 




March . . 


2,438 33 




April 


2,265 52 




May . 


2,271 25 




June . . . 


2,083 16 




July . 


1,986 49 




August 


1,507 50 




September . 


326 25 




October . . 


365 92 




November 


375 29 




December . . 


378 85 










Total receipts for 1882 




$18,584 39 








Total for the two years 




$34,661 13 









STATE CLAIMS. 



By authority of an act of the Legislature, approved 
Mareh 19, 1881, authorizing the Fund Commissioners, if 
they deem it expedient, to employ an agent to prosecute 



296 MESSAGES AND PKOCLAMATIONS OF 

the claims of this State against the Government of the 
United States, a contract was made with Hon. John T. 
Heard to prosecute such claims in behalf of the State, and 
he immediately entered upon the discharge of his duties. 
He has already collected and accounted to the State for 
the sum of two hundred and thirty-four thousand, five 
hundred and ninety-four dollars and ten cents ($234,594.10), 
and is now in Washington, laboring to procure such legisla- 
tion as will secure to the State the claims remaining unsettled. 

The claims of the State consist of two kinds: 

1st, War claims, or claims arising out of the furnish- 
ing of troops and supplies to the United States Govern- 
ment during the late civil war; and, 

2nd. Claims arising under the enabling act of Con- 
gress and the ordinance of acceptance by the State, under 
which the State was admitted into the Union. This com- 
pact guaranteed to the State, in consideration of certain 
conditions by it accepted, five per cent, of net proceeds 
arising from the sale of all public lands in the State of Mis- 
souri after admission, etc. The amount due the State on 
account of all sales made for cash has been paid; but as a 
large proportion of the public domain in the State has been 
located with the military land warrants of the Government, 
issued in payment of services rendered by her soldiers in 
wars, Mr. Heard claims that such locations should be re- 
garded as sales for cash, and that the State is entitled to 
five per cent, thereon. These locations cover about eight 
millions of acres and the per cent, of the proceeds of such 
sales estimating the land at the price of $1.25 per acre 
amounts to $426,000. 

The war claims are of two classes: 1st. Those be- 
longing to the State, and, 2d, those belonging to individuals, 
which the State is attempting to collect. 

By an act of Congress of July, 1861, the United States 
Government promised to reimburse the different States for 
amounts expended by them respectively, in the organization, 
equipment and maintenance of troops while acting under 
competent military authority and in concert with the 



GOVERNOR THOMAS THEODORE CRITTENDEN. 297 

Federal troops, in suppressing the rebellion, etc. Under 
that law, a settlement between the State and General 
Government was effected in 1866, by which the State 
received the amount then shown to have been expended 
by it up to that date; and it was on account of similar dis- 
bursements, subsequently made by the State, that a claim 
was preferred for the amount not reimbursed by the Govern- 
ment. Mr. Heard found a great deal of the evidence relied 
upon by the State to establish the claims lost or destroyed, 
and thus an infinite amount of trouble and a large outlay 
of labor and money were entailed upon him in his attempt 
to supply, as far as possible, the lost evidence and papers. 

The other class of claims, or those belonging to in- 
dividuals, are those which were, by authority of an act 
of the Legislature, approved March 19, 1874, audited by a 
commission created by said act, and on account of which 
audit and allowance conditional certificates of State in- 
debtedness were issued. These claims have been presented 
to the Government for payment but, so far, have been 
refused consideration upon the ground that, even if they are 
just, the present laws of Congress only authorize their 
examination for settlement after they shall have been paid 
by the State, and that the issuance of conditional certifi- 
cates of State indebtedness is not payment, as contemplated 
by the law. 

Mr. Heard has, through our Senators and Representa- 
tives in Congress, procured the introduction of bills looking 
to the recognition of this class of claims, as well as the 
settlement of the five per cent, claims, which bills are now 
pending in the respective houses of Congress, and Mr. 
Heard is now in Washington City, giving the matter his 
earnest personal attention. 

The contract made with Mr. Heard provided for a com- 
mission of five per cent, on the amount collected on the war 
claims due the State and fifteen per cent, on the other classes 
of claims, which are much more uncertain of collection. 
The commission agreed upon in the contract was paid on 
the collection made. The Fund Commissioners have been 



298 MESSAGES AND PROCLAMATIONS OF 

criticised upon the amount of compensation allowed Mr. 
Heard in the contract; but it will appear to any man pos- 
sessing a fair conception of the nature and responsibilities 
of the position that the allowance is not too liberal. The 
contract requires the agent to prosecute all of the claims 
at his own expense, and, aside from the immense amount 
of labor performed by Mr. Heard in the prosecution of his 
duties, and of the necessarily heavy living and traveling 
expenses incurred by him, he has paid out more than two 
thousand dollars in supplying lost papers and perfecting 
the evidence necessary to establish the claims already 
collected. Beside this, he is bound under a $20,000 bond 
to prosecute to final determination the remaining claims 
embraced in his contract, the collection of which depends 
upon the procurement of Congressional legislation, and the 
ultimate collection of which is problematic, while the ex- 
penditure of a large amount of money and labor in the 
attempt is certain. 

In the collection of the money already received by the 
State, Mr. Heard performed an immense amount of labor. 
Upon an examination of the papers and records which 
constituted the evidence upon which he must rely to establish 
the State's claim, the prospect was disheartening; but, with 
his characteristic determination and with tireless energy, 
he pursued every possible avenue of information to the end, 
and, as a proper reward for his diligence and intelligent 
efforts, the State received the sum above named. In him 
the State has a worthy representative and her interests will 
not suffer. 

HANNIBAL AND ST. JOSEPH RAILROAD CONTROVERSY. 

This administration was inaugurated upon the 10th 
day of January, 1881, and soon thereafter the Fund Com- 
missionersconsisting of the Governor, Auditor and At- 
torney-General were notified by Wm. Dowd, President 
of the Cannibal and St. Joseph Railroad, that, under the 
act of 1865, the company proposed paying into the State 
Treasury the sum of $3,000,000 and the accrued interest 



GOVERNOR THOMAS THEODORE CRITTENDEN. 299 

to the date of the payment, in discharge of the State's 
statutory lien on the road and equipments. George W. 
Easley, Esq., represented the road. Several interviews were 
had between Mr. Easley and the Fund Commissioners, 
prior to the payment of the money; but as the details of the 
preliminary or intermediate controversy are of no special 
value to the General Assembly, I pass them by, and present 
the material facts. In June, 1881, the Hannibal and St. 
Joseph Railroad Company tendered to the Fund Commis- 
sioners the sum of $3,090,000, in payment of what the 
company claimed to owe the State, for bonds issued by the 
State, under the acts of 1851 and 1855. The Fund Com- 
missioners refused to receive that sum as a payment in full, 
but expressed a willingness to receive and receipt for same, 
in part payment of the amount due under the act of 1865. 
This course was finally adopted, and, on the 20th day of 
June, the company paid to the State Treasurer $3,090,000, 
of which $90,000 were to be used to pay the interest matur- 
ing in ten days thereafter; and the remaining $3,000,000 
to pass into the State Treasury, to the credit of the company. 
On the payment of the money, the Treasurer executed his 
receipt to R. G. Ralston, Heman Dowd and Oren Root, 
trustees, in form as agreed upon between the parties. In 
order to oblige the company and avoid the cost and danger 
of transmitting so large a sum of money from New York 
to Jefferson City and return, the Treasurer went to New 
York and received the money and deposited it in the 
National Bank of Commerce in accordance with an arrange- 
ment made with the Bank of Commerce of St. Louis. Sub- 
sequent to the payment of the money, Mr. Easley, who 
represented himself as the attorney of the Hannibal and 
St. Joseph Railroad Company, and of certain persons as 
trustees in the mortgage executed by the Hannibal and 
St. Joseph Railroad Company to the Farmers' Loan and 
Trust Company, to the amount of $3,000,000 appeared 
at my office and demanded, under the act of 1865, that I, 
as Governor, execute a release of the statutory lien of the 
State, created by the acts Of 1851 and 1855. This I re- 



300 MESSAGES AND PROCLAMATIONS OF 

fused to do, as the company had not, in my opinion, paid 
the full amount of its liability to the State. The Company 
claiming that the amount paid covered the whole amount 
due to the State, instituted a proceeding against the Gover- 
nor, in the Supreme Court of the State, to compel him to 
assign to the company's trustees the lien of the State, as 
provided in the act of 1865. This application having been 
denied by the court, the company, thereupon, filed in the 
court an application for a mandamus against the Treasurer 
of the State, to compel him to amend his receipt and put 
it in such form as to fully discharge the company from all 
further obligation to the State, by reason of the State's 
loan of credit to said company. This application was also 
denied; and the company refusing to pay the interest 
maturing January 1st, 1882, I proceeded to advertise the 
road and its appurtenances for sale, as provided by the act 
of 1851. Thereupon, the company filed its bill in equity, 
in the United States Circuit Court at Jefferson City, alleg- 
ing that the payment made was a full discharge of the 
company, and again asking that the Governor be ordered 
and required, by a decree of the court, to assign the State's 
lien on the road and appurtenances to the trustees, and to 
enjoin the sale of the road. This court, after a thorough 
and exhaustive examination of the subject, held that the 
payment made was not a discharge of the obligations of 
the company, under the provisions of the several acts, 
under which the loan of credit was made, and consequently 
refused the injunction. The company with unflagging 
zeal to wrong the State, thereupon amended its bill, pray- 
ing the same relief as originally asked, and, in case that 
should be denied, asking an alternative relief of a repay- 
ment of the $3,000,000. On the final hearing of this bill, 
at Keokuk, Iowa, by Judge McCrary, an interlocutory 
decretal order was made, prescribing legal rules, by which 
the amount due by the company to the State may be ascer- 
tained, and referring the whole matter to a master in 
chancery Hon. John K. Cravens, of Kansas City with 
directions to take an account thereof and report the result 



GOVERNOR THOMAS THEODORE CRITTENDEN. 301 

arrived at to the court, at an early day. In accordance 
with the agreement of counsel on both sides sanctioned, 
by the Master, testimony has been taken and arguments 
made before the Master by the respective attorneys; and 
I am informed that the report will probably be made at 
the adjourned term of the court, to be held in Jefferson 
City on the first Monday in March next. So far, the courts, 
State and Federal, have uniformly held that the company 
has not yet discharged its obligations to the State, and the 
Federal courts at each hearing have required the company 
to pay the matured interest on the bonds. In so doing, 
those courts have sustained the position held by the Fund 
Commissioners from the beginning of the controversy; they 
contending that the amount paid on the 20th day of June, 
1881, was not "a sum of money equal in amount to all 
indebtedness due or owing by said company to the State, 
and all liabilities incurred by the State, by reason of having 
issued her bonds and loaned the same to said company, 
as a loan of credit of the State/' What that amount is, 
now forms the question at issue between the State and the 
company, and must be determined by the Federal courts. 
This controversy shows the wisdom of that constitu- 
tional provision inhibiting the State from "contracting any 
debt or liability on behalf of the State, or to issue bonds 
or other evidences of indebtedness thereof, except in renewal 
of existing bonds, and to create a debt not exceeding $250,- 
000 to meet an unforeseen emergency or casual deficiency," 
as the liberality of the State has been so often abused by 
the recipients of its grace. It is a matter of regret that 
this company, after having so long and so faithfully met 
its maturing interest on the bonds, should have sought an 
opportunity, under the act of 1865 cunningly drawn, as 
it was supposed, in the interest of the road and the advice 
and direction of hired counsel, to violate the most sacred 
obligation that can exist between creditor and debtor. 
The State, from the beginning, discountenanced the con- 
struction placed upon that act by the company, and simply 
demanded a fulfillment of the obligation nominated in the 



302 MESSAGES ANI> PROCLAMATIONS OF 

bond, aad at no time has it acted otherwise than justly 
and leniently with the road, even when reverses and em- 
barrassments surrounded it and almost wrecked its financial 
existence. No road has asked and received more kind- 
ness from the State than the Hannibal & St. Joseph. The 
more it has been accommodated, the more it has demanded. 
It received from the State, under the act of 1851, $1,500,000 
special bonds, as a loan of the public credit, redeemable at 
the pleasure of the Legislature at any time after the expira- 
tion of twenty years from the date of issue; and, again, 
under the act of 1855, it received the same number of bonds, 
of the same character, redeemable in thirty years, and in 
1874, upon the urgent application of the road to the Legis- 
lature, the $1,500,000 bonds, issued under the act of 1851, 
were renewed for a further term of twenty years. Thus, 
in fact, receiving from the State $3,000,000 in special loan 
bonds, redeemable in thirty and forty years a favor not 
solicited by nor extended to any other company. In con- 
sideration of this fact, and upon principles of honor, the 
road should be slow indeed in attempting to evade its 
honorable and legal obligations to the power which evoked 
it into existence. If the company persists in this attempt, 
it is the duty of the State to resist it to the extreme limit of 
the law. The protection of the rights of its citizens, and 
the preservation of its bigh credit, will permit BO other 
course. The State oply asks for an equitable adjustment 
of the difference, one that will aot embarrass the road, yet 
will "save the St&te harmless" from future liabilities. In 
all the legal proceedings referred to, the State* in addition 
to the very able and faithful services of the Attorney- 
General, has had the services of Messrs Glover & Shepley 
and Henderson & Shields, of St. Louis, two distinguished 
law firms, in whose hands, I confidently believe, the in- 
terests of the State will be s^me. Tiie labor involved in 
the def ewe of the cases has heea great aad exaotiag. Muoh 
testimony has been taken ia. New York aad Missouri, amd 
the expenses i&cideat thereto feav^ fu% eoaaraw&d tfee small 
appropriations made for that purpose. I reftpectfotly sub- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 303 

mit to you the necessity for an appropriation sufficient to 
pay the necessary expenses of the litigation and provide a 
fair compensation for the counsel engaged. It is more 
possible that the case may finally reach the Supreme Court 
of the United States, which, of course, will materially in- 
crease the labor and expense of counsel. The distinguished 
counsel engaged fully understand that they have no other 
reliance for remuneration than your own sense of justice 
and liberality in the premises. They and I feel confident 
that the General Assembly will do full justice to agents 
who have been zealous in defense of the rights of the State. 



OUTLAWRY. 

Since the close of the war Missouri has been infested 
by bands of train and bank robbers, whose lawless deeds 
not only rendered railroad travel and banking dangerous 
in certain localities in the State, but also gave the State an 
unenviable reputation, at home and abroad. 

My predecessors assiduously endeavored, by the use 
of every means and power within their control, to accomplish 
the destruction of these bands, but their efforts proved 
abortive. On the 15th day of July, 1881, certain parties, 
under the leadership of Jesse W. James, stopped and robbed 
a train upon the line of the Chicago, Rock Island and Pacific 
Railroad, at a point near Winston, in Daviess county; and, 
in the perpetration of the robbery, killed William West- 
fall, the conductor of the train, and John McCulloch, an 
employe of the company. On the 28th of July, 1881, I 
issued the following proclamation: 

State of Missouri, Executive Department. 

WHEREAS* It has, baeja made known to me, as tfee Governor of tke 
State of Missouri, that certain parties, whose names are to me unknown, 
have confederated and banded themselves together for the purpose of 
committing robberies and other deporedations within this State; and 

WHEBEAJS, Siaid parties did, on <xs about the eighth day of October, 
1879, stop a train near Glendale, iu the county of Jackson, in said? State, 
and with force and violence tjake, steal and carry away the money and 
other express matter being carried thereon; and 



304 MESSAGES AND PROCLAMATIONS OF 

WHEBEAS, On the 15th day of July, 1881, said parties and their con- 
federates did stop a train upon the line of the Chicago, Rock Island and 
Pacific Railroad, near Winston, in the county of Daviess, in said State, 
and, with force and violence, take, steal and carry away the money and 
other express matter being carried thereon, and in perpetration of the 
robbery last aforesaid the parties engaged therein did kill and murder 
one William Westfall, the conductor of the train, together with one John 
McCtdloch, who was at the time in the employ of said company, then 
on said train; and 

WHEREAS, Frank James and Jesse W, James stand indicted in the 
circuit court of said Daviess county for the murder of John W. Sheets, 
and the parties engaged in the robberies and murders aforesaid have fled 
from justice and have absconded and secreted themselves; 

Now, therefore, in consideration of the premises, and in lieu of all 
other rewards heretofore offered for the arrest or conviction of the parties 
aforesaid, or either of them, by any person or corporation, I, Thomas T, 
Crittenden, Governor of the State of Missouri, do hereby offer a reward 
of Five Thousand Dollars ($5,000.00) for the arrest and conviction of 
each person participating in either of the robberies or murders aforesaid, 
excepting the said Frank James and Jesse W. James; and for the arrest 
and delivery of said Frank James and Jesse W. James, and each or either 
of them, to the sheriff of said Daviess county, I hereby offer a reward of 
Five Thousand Dollars ($5,000.00), and for the conviction of either of 
the parties last aforesaid of participation in either of the murders or 
robberies above mentioned, I hereby offer a further reward of Five 
Thousand Dollars ($5,000.00). 

In Testimony Whereof, I have hereunto set my hand and caused 
to be affixed the great seal of the State of Missouri. Done 

(L. S.) at the City of Jefferson, on this 28th day of July, A. D. 
1881. 

THOS. T. CRITTENDEN. 
By the Governor: 

MXCH'L K. MCGBATH, Secretary of State. 

On the 7th day of September, 1881, within six weeks 
after this proclamation had been issued, as if in grim de- 
fiance of the power of the law and the vigilance of the law 
officers, a train was stopped and robbed on the line of the 
Chicago and Alton Railroad, near Blue Cut, in Jackson 
county. The band committing this robbery was under the 
leadership of Jesse W. James; and his associates, it is said, 
were Frank James, Dick Liddil, Wood Kite, Clarence Hite 
and Charles and Robert Ford. 

When the proclamation was issued it was said by 
cavillers that it would wholly fail in its objects and that 
no good would be accomplished by the offer of such large 



GOVERNOR THOMAS THEODORE CRITTENDEN. 305 

sums of money for the apprehension of those desperate men. 
The results which followed so closely upon its issuance 
furnish an ample vindication of the policy which inspired 
it. No tie, no faith in honorable comradeship, is stronger 
with an outlaw than the power of money. 

On the 13th day of February, 1882, Bob Ford surrender- 
ed to Capt. H. H. Craig, of Kansas City. On the 24th day 
of January, 1882, Dick Liddil surrendered to J. R. Timber- 
lake, sheriff of Clay county. 

On the 13th day of February, 1882, Clarence Hite was 
captured in Logan county, Kentucky, by Capt. Craig and 
J. R. Timberlake, and was taken to Daviess county, Mis- 
souri, where two indictments one for the murder of William 
Westfall and one for participation in the Winston train 
robbery were pending against him. He was arraigned 
under the indictment and pleaded guilty to the charge of 
robbery, and was, on the same day, sentenced to twenty- 
five years' imprisonment in the penitentiary, which sentence 
he is now undergoing. 

On the 3d day of April, 1882, Jesse W. James was killed 
in the city of St. Joseph by Charles and Robert Ford his 
followers and associates in crime. The Fords immediately 
surrendered themselves to the legal authorities of Buchanan 
county, and were placed in jail. 

An indictment charging them with murder in the first 
degree, was preferred against them by the grand jury, to 
which, at the April term, 1882, they both pleaded guilty 
in the Buchanan county circuit court, and were pardoned 
by me on the same day, upon the grounds of public policy. 

Frank James voluntarily surrendered himself to me, in 
my office, in Jefferson City, on the 5th day of October, 
1882. I immediately delivered him to the law officers of 
Jackson county, where he is now incarcerated in jail, await- 
ing trial on one or more indictments. 

On the 4th day of December, 1881, Wood Hite was 
killed by some one of his confederates in crime, at the resi- 
dence of Mrs. Bolton, near Richmond, Ray county, Mis- 
souri. Her house had been the headquarters and hid ng 



306 MESSAGES AND PROCLAMATIONS OF 

place of the outlaws in that part of the State for many 
months. 

On the 13th day of May, 1882, Robert Ford was 
indicted in Ray county for the murder of Wood Hite. 
The case was removed by change of venue, to Clinton 
county where, on the 26th day of October, 1882, he was 
tried and acquitted. He is now under recognizance on a 
charge of robbery, as also is his brother, Charles Ford. 

On the 7th day of October, 1882, I revoked the proc- 
lamation of July 28th, 1881, for the reason that the principal 
actors in and perpetrators of, the crimes, are either dead 
or in the custody of the law of the State. 

Thus was completed the overthrow and destruction 
of the most noted and daring band of outlaws known to 
ancient or modern history. This grand result, fraught 
with so much interest and importance to the people of Mis- 
souri, was accomplished by the activity and relentless 
energy of the officers and citizens of this State, and partic- 
ularly of those in the localities in which the outlaws had 
so long found sympathy and concealment. The policy 
adopted for the extirpation of these bands received the 
co-operation of the Criminal Court of Jackson county 
and its officers; and thus there was but little difficulty 
in securing a pronounced enforcement of the laws, and 
awakening in the minds of the people of that county a 
settled determination to remove the stain placed upon 
the county by the depredations of these bands, and to 
summarily end, at once and forever, the crimes and career 
of the organization. In this connection, I desire to publicly 
recognize the intelligent and efficient assistance of Capt. 
Henry H. Craig, of Kansas City, and Sheriff James R. 
Timberlake, of Clay county. The aid rendered by these 
gentlemen was invaluable to me, and without it the duty 
devolving upon me would have been: much more difficult, 
if not altogether impossible, to accomplish. The task they 
assumed required fearless courage* extraordinary vigilance 
and an unerring selection f instrumentalities. They ac- 
complished within fourteen months what others for twenty 



GOVERNOR THOMAS THEODORE GBITTBNDEN. 307 

years had wholly failed to do; and to these gentlemen, more 
than to all others, is due the credit of bringing these out- 
laws to justice. It also gives me pleasure to recognize 
the valuable services of John Cason, sheriff of Saline county, 
who was always ready to undergo any labor, danger or 
exposure in pursuit of the outlaws. In him Captains 
Craig and Timberlake -had an intelligent and faithful co- 
adjutor. These brave officers discharged every duty fear- 
lessly and well, to which I unhesitatingly bear official 
testimony. 

I paid twenty thousand dollars in rewards to various 
persons for the capture and overthrow of this band of des- 
peradoes, not one dollar of which was taken from the State 
Treasury. It is not probable that Missouri will again be 
cursed and disgraced by the presence of such a band of 
men, confederated together for desperate purposes. It is 
fully redeemed and acquit of that unwarranted appellation 
of "robber State." But an insignificant number of people 
in two or three counties gave countenance to such lawless- 
ness. Our people, with one accord, heartily approve 
of the measures and means employed to compel these 
violators of the law to confess its power and majesty, and 
applaud the stern, unbending determination of the officers 
who contributed so much to the fulfillment of that purpose. 

It is done; and Missouri is to-day one of the most 
peaceful States in the Union. Fewer crimes are committed 
within her borders than in those of surrounding States. 

Since my inauguration, three other lawless bands 
were formed and operated in different portions of the 
State. The "Meyers Gang," composed of six men, was 
organized in New Madrid county for the purposes of 
robbery and murder. Within, a few weeks after its forma- 
tion two of its members were shat to death while resisting 
arrest, two were captured, tried under the law and ex- 
ecuted, and the other two were sent to the penitentiary 
fos their crimes* 

A fcand k&owii as the "Mason Gang" was Qrga&md 
in Adair county, for the purpose of robbing banks aad com- 



308 MESSAGES AND PROCLAMATIONS OF 

milting other crimes. It consisted of four men under the 
leadership of Frank Mason. In the month of June, 1882, 
they robbed a bank at Brookfield, Missouri. Within one 
week from the date of the robbery these men were captured, 
indicted, tried and sentenced to twenty-five years imprison- 
ment, each, in the penitentiary. The Lewis brothers form- 
ed a band in Jasper county for similar purposes. Within 
a few weeks after commencing their lawless career they 
were captured, and are now in jail awaiting trial. 

The activity of the officers and citizens of the counties 
in which these bands were organized, in capturing and 
bringing the evil-doers to justice, demonstrates that the 
people of Missouri will no longer submit to the domination 
of outlaws. Such determination to suppress crime and 
apprehend criminals, sooner or later, brings its own reward, 
in peace, in increased wealth and in an intelligent and 
desirable immigration. In closing this history of the down- 
fall of these lawless bands, I will state that on the 4th day 
of June, 1881, I issued a requisition upon the Governor of 
the State of Tennessee for one William Ryan, who was 
indicted for complicity in the Glendale train robbery, 
which occurred on the Chicago and Alton Railroad, in 
Jackson county, on the 8th day of October, 1879. Upon 
that requisition he was returned to Jackson county, where, 
on the 15th day of October, 1881, he was tried, convicted 
and sentenced to a term of twenty-five years imprison- 
ment in the penitentiary. The expenses ($105.35) in- 
curred in Ryan's extradition were, by me, repaid into the 
State Treasury on the 20th day of December, 1881, out of 
the Five Thousand Dollars reward I had offered for the 
arrest and conviction of Ryan, thus placing in the treasury, 
from another source, money that had been expended by 
the State in the capture of one of the outlaws. 

REVENUE. 

Under the law, assessments upon all taxable property, 
except merchandise, shall be made between the first days 
of June and January, and the valuation is placed upon it 



GOVERNOR THOMAS THEODORE CRITTENDEN. 309 

the first day of June. The taxes upon this assessment are 
collected the following fall, being something over a year 
after the assessment is made. Real estate gradually in- 
creased in valuation in 1880 and 1881 and more rapidly in 
1882. The crops in Missouri in 1882 were the largest grown 
in many years, some computing that the wheat crop in 
Missouri this year will reach 50,000,000 bushels, and the corn 
crop 250,000,000 bushels, while the exportation of apples 
amounts to 10,000,000 bushels. Proportionally large crops 
of potatoes, hemp, oats, flax and various kinds of grasses 
were produced. 

The assessed valuation of property for 1880 is the assess- 
ment upon which the taxes of 1881 are due and paid. 

1881. 

Real estate $406,104,426 00 

Personal property 163 ,265 ,359 00 

Railroad companies 30,309,878 85 

Bridges 1,695,000 00 

Telegraph companies 348 ,219 90 



Total $601,722,883 75 



1882. 

Real estate $442,826,742 00 

Personal property 170,813 ,976 00 

Railroad companies 33 ,373 ,739 46 

Bridges 1,910,000 00 

Telegraph companies 342 ,785 40 



Total $649,267,242 86 

These tables show an increase in valuation in 1882 over 
1881, of $47,544,369.11 and a general appreciation in values 
in all kinds of property. If the rate of increase in values 
is as great this year as last, I think the valuation this year 
will exceed $700,000,000. This will spring from two causes: 
First, the natural increase in the value of property; and, 
second, the introduction of other property into the State. 
The taxes are rapidly diminishing in consequence of in- 
creased valuations and the rapid growth and development 
of the resources of the State. Under the present Constitu- 



310 MESSAGES AND PROCLAMATIONS OF 

tion, the State tax rate cannot exceed forty cents on the 
hundred dollars valuation, one-half of which is set apart for 
the payment of the interest on the State debt and the reduc- 
tion of that debt, which reduction, under the Constitution 
cannot be less than $250,000.00 per annum. Twenty-five 
per cent, of the remaining half of the taxes is sacredly set 
aside for the support of the public schools of the State. This 
leaves only fifteen cents on the hundred dollars for the sup- 
port of the State government, the pay of the Legislature, 
costs in criminal cases and the maintenance of the various 
eleemosynary institutions of the State. No State manages 
its affairs more economically. This accounts for its pros- 
perous condition. During the present administration the 
public debt of the State has been reduced as follows: 



la issi 


$252,000 00 


In 1882 


460,000 00 






Total . . . . 


$712,000 00 







This sum shows the amount of bonds taken up and re- 
tired since January 10th, 1881, with the surplus revenue, 
proper, of the State, and does not include the $250,000 
renewal revenue bonds also paid in 1881 issued under 
act of May 9th, 1879, making a total reduction of $962,000 
of the liabilities of the State. If other bonds could have 
been called during this year, or purchased at a reasonable 
premium, there is now sufficient surplus revenue on hand to 
retire $300,000 more of the State's indebtedness. 

In the face of this exhibit, I am unable to see the wisdom 
or justice of that part of the decree recently made by Judge 
McCreary, at Keokuk, Iowa, in the Hannibal & St. Joseph 
Railroad case, requiring the State to use the whole or a part 
of the $3,000,000 involuntarily received by the State- 
in the redemption or purchase of its bonds, or account for the 
interest on the money, when the facts show that the surplus 
revenues of the State are sufficient to retire its bonded 
indebtedness upon maturity, without touching any part of 



GOVERNOR THOMAS THEODORE CRITTENDEN. 311 

the $3,000,000 which forces the State to go into the markets 
and purchase its bonds at a large premium in order to use 
its surplus moneys. The State has no option bonds afloat. 
At no previous period has the State's indebtedness been so 
rapidly diminished, or the State grown so rapidly, in those 
elements which give a State character at home and abroad, 
as within the last two years. 

The credit for this belongs to the people and their 
officials, here and throughout the State, who have performed 
their duties so honestly and efficiently. The effect is ob- 
served and appreciated abroad. I call your attention to the 
following extract from a letter received by me from a repu- 
table banking firm in New York city: 

"I take the liberty of enclosing quotations at the New York Stock 
Exchange of this day of the various securities dealt in there, and beg 
leave to call your attention to the quotations of Missouri State bonds. 
You will notice that the figures given for Missouri State bonds are 'bids' 
only, there being but very few of these bonds for sale; and when any 
are offered they bring very much better prices than those stated in the 
list. I was in negotiation with a savings bank here to-day and offered 
to take their bonds on a basis of 3 34 per cent, investment, and yet our 
bid was rejected. This fact should be gratifying to those taking an 
interest in the financial affairs of the State of Missouri. By referring to 
the quotations you will perceive that the bonds of the State of Missouri 
not only compare favorably with all other State bonds but, in point of 
fact, will bring more than any State bond dealt in upon our stock ex- 
change. I take pleasure in stating to you that your bonds will not only 
sell for more than the bonds issued by the States of Connecticut, Michi- 
gan, New York, Ohio and Rhode Island, but that they will bring fully 
as good prices as Massachusetts State bonds, which at one time ranked 
much higher than United States bonds. 

"I believe the financial condition of your State at present is such 
that you will have no occasion to issue any bonds at present; but were 
such not the case, I do not hesitate in saying the bonds of the State bear- 
ing 4 per cent, interest could be readily placed at a good premium; and 
would your constitution permit the issue of bonds 'free of all taxation/ 
a bond bearing 3 per cent, interest could be placed at about par. The 
above good results were brought about by the prompt payment of all 
obligations of the State; by the good management on the part of the 
officers of the State having the financial affairs in charge; therefore, to 
them the citizens are indebted for the great benefits they are now reaping 
and will continue to reap in refunding the debt as occasion may offer. 

"1 claim whenever a State is in good financial standing foreign capital 
finds its way into that State; and capital, combined with labor, is the 
success of a State. 



312 



MESSAGES AND PROCLAMATIONS OF 



"Missouri has the good fortune to have as officers men who are 
honest and honorable; men who have demonstrated that all obligations 
of the State must be promptly met; that its credit must be sacred and 
preserved under all circumstances, and that is the cause why capital 
flows into your State, and finds its way very slowly into States that do 
not take care of their credit." 

This letter gives the present financial status of the 
State. It is alike gratifying to the officers and people of 
the State, That status is based upon the unswerving honesty 
of the State in its business transactions, and upon that other 
supremely important business principal of "paying as you 
go;" that course always pays in the end in fact, before the 
end is reached. 



BALANCE SHEET. 



Showing payment by the Hannibal and St. Joseph 
Railroad Company, and the investment of the same by the 
Fund Commissioners: 



Dr. 



Cr. 



June 20, 1881 
July 6, 1881.. 

August 23, 
1882 



To Treasurer's receipt . , 

By purchase of H. & St. 

J. bond No. 1244 



$3,000,000 00 



By 1171 U. S. Reg. 4 
per cent, and prem- 
ium 



August 23, 
1882. .. 



By purchase of 20 Mo. 
State bonds proper, 
and interest 



September 
1882. . . 



$1,000.00 



1,399,345.00 



20,200.00 



By purchase of 122 Mo. 
bonds of sundry se- 
ries, including prem- 
ium and accrued in- 
terest 



September 1, 
1882 



By 156 State bonds, 
proper and interest, 
called by Fund Com- 
missioners 



138,399.60 



157,560.00 



GOVERNOR THOMAS THEODORE CR1TTENDEN. 



313 



September 1, 
1882 



September 1, 
1882 



Total. 



By 1270 Renewal Fund- 
ing bonds and inter- 
est, called by Fund 
Commissioners .... 



By cash invested in 
other State bonds. . 



Dr. 



$3,000,000.00 



Cr. 



$1,282,700.00 



795.40 



$3,000,000.00 



On the first day of 
amounted to $16,259,000. 
the Fund Commissioners 
bonds as follows: 



January, 1881, the total debt 
During the years 1881 and 1882 
have redeemed and purchased 



In 1881. 

Renewal Funding bonds called December 1, 1881 $152,000 00 

Renewal Funding bonds called December 31, 1881 98 ? 000 00 

State bonds proper purchased 2,000 00 

In 1882. 

Renewal Funding bonds called March 1, 1882 250,000 00 

Renewal Funding bonds called September 1, 1882 1,270,000 00 

State bonds proper, called September 1, 1882 156,000 00 

Missouri Pacific Railroad bonds purchased 87,000 00 

North Missouri Railroad bonds purchased 41 ,000 00 

St. Louis & Iron Mountain Railroad bonds purchased. , 29,000 00 

Consolidation bonds purchased 41 ? 000 00 

State bonds proper purchased 104 ,000 00 

Cairo and Fulton Railroad bonds purchased 4 , 000 00 

State University bonds purchased 1 , 000 00 

Penitentiary bonds purchased 1 , 000 00 

Northwestern Lunatic Asylum bonds purchased 16,000 00 

State Bank Stock Refunding bonds purchased 15,000 00 

State Funding bonds purchased 12 ,000 00 

Platte County bonds purchased 1 ,000 00 

Total $2,280,000 00 



314 



MESSAGES AND PROCLAMATIONS OF 



Deducting the bonds redeemed and purchased in 
1881 and 1882, or $2,280,000 from the outstanding debt 
January 1st, 1881, and we have remaining $13,979,000 
which represents the entire interest bearing debt on the 
first day of January, 1883 not including bonds issued to 
the Hannibal and St. Joseph Railroad Company. This 
debt may be classified as follows: 

STATE DEBT JANUARY 1, 1883. 



Missouri Pacific Railroad bonds 

North Missouri Railroad bonds 

St. Louis and Iron Mountain Railroad bonds. . . 

Cairo and Fulton Railroad bonds 

Platte County Railroad bonds 

Consolidation bonds 

State bonds proper 

State Funding bonds 

State Bank Stock Refunding bonds 

Penitentiary Indemnity bonds 

State University bonds 

Northwestern Lunatic Asylum bonds 

Missouri six per cent, consolidated certificate of in- 

debtedness (School Fund) ...................... 

Missouri six per cent, consolidated certificate of indebt- 

edness (Seminary Fund) ........................ 



Total 



$2,859 

1 ,647 

1 ,331 

261 

503 

2,670 

176 

988 

89 

40 

200 

184 



,000 00 
,000 00 
,000 00 
,000 00 
,000 00 
,000 00 
,000 00 
,000 00 
,000 00 
,000 00 
,000 00 
,000 00 



2,909,000 00 
122,000 00 



$13,979,000 00 



Deducting the certificates of indebtedness held in 
trust for the school and seminary funds, the aggregate 
bonded indebtedness January 1st, 1883, is $10,948,000, not 
including the Hannibal and St. Joseph Railroad bands. 

Of this debt $176,000 State bonds proper mature in 
1883, and none in 1884. 

In addition to State bonds purchased, the Fund Com- 
missioners also purchased in 1881 bond No. 1244 of the 
Hannibal and St. Joseph Railroad series, leaving the amount 
of Hannibal and St. Joseph bonds outstanding $2,999,000. 

I think the receipts of the revenue levied upon the 
valuation of 1881 and 1882 will be ample to meet the de- 



GOVERNOR THOMAS THEODORE CRITTEN0EN. 315 

mands of the State until the General Assembly shall again 
convene in 1885. This is gratifying to those interested 
in its financial condition. Since this administration was 
inaugurated the expenditures have been at the minimum. 
The necessary cost and expenses of the 3 1st General Assembly 

were $112,957 41 

Of the Called Session 28,320 84 



Total $141 ,278 25 

Considering the amount and excellent character of the 
work done, we can say that it was money well spent, which 
has and will redound to the prosperity of the State. In 
connection with this subject, I call your attention to the 
necessity for making the office of County Assessor more 
desirable to our best business men than it is now. It is, 
in my estimation, the most important in the list of county 
offices. Upon the action of the Assessor who is often 
wholly incompetent is ascertained the taxable wealth of 
a county; and by aggregating the counties, the wealth of the 
State, outside of the cities. If proper assessments were 
made, there would be a sufficient increase in the aggregate 
valuation to pay the public debt of the State within ten 
years. There is a serious wrong in the unequal and in- 
sufficient valuation now placed upon all kinds of property, 
and the sooner it is corrected the better it will be for the 
State and the people. There is an evil somewhere, either 
in the system or in the way the duties of the office are ex- 
ecuted, which should be remedied at an early day. The 
wisdom of this body will suggest a remedy. Otherwise, 
the revenue law fully meets the necessity of its existence. 
The back-tax law, as construed by the Supreme Court, 
has been the means of enforcing the payment of a large 
amount of delinquent tax, and it should be sustained by the 
voice of the people. Missouri has outgrown the old system, 
as operated. Under it, taxes are closely and honestly col- 
lected, and those taxes, for State purposes, are gradually 
diminishing; and, to lessen the burdens of the people, 



316 



MESSAGES AN0 PROCLAMATIONS OF 



taxes for local purposes should also be diminished in the 
counties. Low taxes and the enforcement of the laws in- 
sures a happy and prosperous people. Before closing this 
subject, I assert that the peace of society is secured; the 
State's finances are in a satisfactory condition; the govern- 
ment is managed with the strictest economy; the courts 
are pure and active in their duties; schools and churches 
are found in every neighborhood, and there is a settled 
determination in the minds of the people to faithfully 
observe every obligation imposed upon them by law, custom 
or morality. Since I have been Governor, it has been my 
chief aim to protect its morals and its credit. 

THE PENITENTIARY, 

The table given herein shows the number of prisoners 
confined in the penitentiary during the years 1881 and 1882. 
It will be seen that there has been an increase of convictions 
during the year 1882, and that at the close of the year 1882 
there were 113 more convicts in the prison than at the close 
of 1881. This does not evidence an increase of crime in the 
State; it merely indicates an increase of convictions during 
the year last past. Fewer crimes were committed during 
the year 1882 than for a corresponding length of time for 
many years. There is now a settled determination on the 
part of the officers to enforce the laws, punish wrong-doers 
and give protection to the honest and industrious. 

PRISONERS RECEIVED IN 1881-1882. 



1881. 



1882. 



State 533 

United States 4 

Returned 15 

552 

Males 536 

Females 16 

552 

Daily average confined in 

prison 1205 



State for 12 months 613 

United States 12 months. ... 7 

Returned 15 

635 

Males 631 

Females 14 

635 

Daily average confined in 

prison 1318 



GOVERNOR THOMAS THEODORE CRITTENDEN. 



317 



PROCEEDS PRISON LABOR, 1881. 



Receipts. 

Labor for 1881 $95 , 696 65 

Proceeds of sale of 

broom factory . . . 16,727 24 



Total $112,423 89 



Disposition. 

Maintenance of peni- 
tentiary for 1881 .. $111,161 25 



Total $111,161 25 



Excess earnings over maintenance, $1,262 64 

This sum of $1,262.64 is exclusively the excess of the 
receipts over that of expenditures for the daily expenses of 
the prison for 1881, and is wholly independent of the loss 
sustained by the destructive fire which occurred there on 
the night of the llth of May, 1881, an account of which loss 
is given below. 

Although the loss sustained by the State in consequence 
of the fire in May, 1881, was large and notwithstanding the 
cost of living in the latter part of 1881, in consequence of 
the drought of 1881, was greater than in former years, yet 
the management of the prison was so frugal and judicious 
that the excess of the maintenance and repairs consequent 
by loss by fire over the receipts were only $8,099.85, while 
those of the earnings alone over the cost of maintenance 
were $6,448.44. These figures present an irrefutable an- 
swer to the idle charges of extravagance and carelessness 
made by inconsiderate men against the Warden. 



PROCEEDS PRISON LABOR, 1882. 



Receipts. 
Labor 12 months, 1882 , 


$108,891 79 


From Treasurer on account of earnings of 1879-80 


3,658 22 






Total ... 


$112,550 01 







318 



MESSAGES AND PROCLAMATIONS OF 
Disposition. 



IVf aintenance 1882 




$102,080 27 


Brickyard machinery 


$5,000 00 




Woolen mill machinery 


4,100 00 




Permanent repairs 


7,942 93 




Pay roll 


1,332 14 














18,375 07 


Total 




$120,455 34 









Excess 1882 earnings over maintenance, $6,811.52. 

Excess of maintenance and repairs over total receipts, 
$7,905.63. 

The following .tables give an exact statement of the 
actual loss sustained by the State in consequence of the fire 
of May, 1881, computed from actual purchases made to 
replace and from inventory December 31, 1880: 



Machine shop inventory, less $2,500.00 for boilers and en- 
gine 

Woolen factory machinery complete 

Wool, warp, yarn, cloth and fixtures destroyed 

Difference in cloth between cost of making and purchas- 



ing. 



Loss in labor 

Grist mill complete for corn meal . , 
Loss of bedding, cell furniture, &c . 
Hose 



Total 

Cost of repairs to new cell building. ..... 

Estimated value of shop buildings de- 
stroyed 



Total. 



$3,308 75 
12,000 00 



$8,242 92 

4,113 11 

484 70 

847 54 
2,543 05 

232 48 
2,500 00 

542 00 



$19,505 80 



15,038 75 



$34', 544 55 



The Penitentiary has never been more economically 
managed than at the present time. There are fewer idle 
prisoners at this season of the year than at any previous 



GOVERNOR THOMAS THEODORE CRITTENBEN. 319 

corresponding time. Up to the 1st of December there was 
not an idle man in the prison. Since the men have been 
withdrawn from the brickyards and quarries there are 
from one to two hundred prisoners unemployed, with no 
immediate prospect of their employment before spring. 
These men remain idle in their cells, which necessarily 
entails a heavy expense on the state. This is unavoidable, 
as there is not sufficient room inside of the walls of the 
prison. The walls should be extended or a branch pen- 
itentiary be erected in some part of the state. 

The health of the prisoners is excellent. The death 
rate is remarkably small and cases of serious illness are 
rare. No epidemic of any disease has prevailed for years. 
The following statement evidences the truth of the above 
statements: 

During the year 1881, 225 prisoners were admitted to 
the hospital and in 1882 to December 1st, 212. Total 437. 

The average daily sick, both patient and outside, male 
and female, from January 1st, 1881, to December 1st, 1882, 
equals 19 or 1.5 per 100. 

Deaths in 1881 were males, 21; females, 1. Total 22. 

Deaths in 1882 to December 1st, males, 17; females 1. 
Total 18. 

Deaths total January 1st, 1881, to December 1st, 1882, 
40 or 16 to the 1,000. 

There are at present seventy-five persons in prison 
sentenced to a term of life servitude or to one over twenty 
years. As the history of the penitentiary shows that no 
prisoner has lived to complete a term of fourteen years, 
would it not be wise to so amend the law as to have no 
sentence extend beyond twenty years, and giving the con- 
vict the advantage of the three-fourths rule, as it now 
exists, as an incentive to good behavior? This rule, if 
restored, should apply to those prisoners heretofore sent 
for over twenty years. Such a change in the law, as above 
indicated, would remove those sentences which cannot be 
fulfilled except by death, and would give some hope of 



320 MESSAGES AND PROCLAMATIONS OF 

relief to those men who are now entirely without hope and 
without an incentive to good behavior. A man's hope and 
life should not be obliterated and destroyed by prison life. 
Punish him, but do not degrade him forever by a declaration 
of law that a man who enters a prison should leave all hope 
behind, should be forever viewed as an enemy of his race, 
without being given an opportunity to retrace his fallen 
steps or to become a free man again. The presumption is 
that all men sent to the penitentiary are bad men. This 
is not true; many of them are bad very bad men but 
there are some within those darkened walls who have been 
trained in the way they should go, who have occupied honor- 
able positions in life and filled the measure of good citizen- 
ship until at some impassioned and misguided moment, a 
crime has been committed, the law violated and they are 
sentenced to a long term in prison. Should not such men 
have a chance for reformation and restoration to the better 
walks of life? Governor Horatio Seymour of New York, in 
speaking upon this subject, has spoken as follows: "Prison- 
ers are men like ourselves; and if we would learn the dangers 
which lurk in our pathway, we must learn how they stum- 
bled and fell. I do not doubt but some men are more prone 
to vice than others; but, after listening to thousands of 
prayers for pardon, I can hardly recall a case where I do 
not feel that I might have fallen as my fellow man had done, 
if I had been subjected to the same demoralizing influences 
and pressed by the same temptations. I repeat here what 
I have said on other occasions, that after a long experience 
with men in all conditions of life, after having felt as much as 
most men the harsh injustice springing from the strife and 
passions of the world, I have constantly learned to think 
more kindly of the hearts of men, and to think less of their 
heads. We love to think that the inmates of cells are unlike 
ourselves. We would like to disown our common humanity 
with the downcast and depraved. We are apt to thank 
God we are not like other men; but with closer study and 
deeper thought, we find they are ourselves under different 
circumstances. And the circumstances that made them 



GOVERNOR THOMAS THEODORE CRITTENDEN. 321 

what they are abound in our civilization and may at any 
time make others fall who do not dream of danger." 

Any sentence beyond twenty years makes the pen- 
itentiary an inevitable graveyard to that man. This 
should be avoided. The Legislature should give the subject 
due consideration. In obedience to Section 8, Art. 5, of 
the Constitution, I communicate to your bodies each case 
of pardon with name of convict, sentence, etc. I have 
pardoned fifty-four men and women convicted of various 
felonies within the last two years, upon my own motion; 
upon the recommendation of the citizens, and often the 
judges and prosecuting attorneys of the counties from 
which they were sentenced, and upon the written request 
of the Surgeon and Board of Inspectors of the prison. I 
have pardoned fewer convicts from the penitentiary within 
the same length of time than any of my predecessors, except 
one, within the last decade. I recommend the erection of a 
chapel and library, and as soon as the chapel is completed, 
the employment of a permanent chaplain to daily look after 
the spiritual and moral condition of the prisoners. Ex- 
perience demonstrates beyond question the moral influences 
of religious worship upon prisoners. It benefits them to 
recall the memory of such training in earlier years. With 
punishment we should blend as much of an opportunity 
for reformation and exhibit as much mercy as compatible 
with the public interests. I am not seeking to make this 
an ideal prison. Such do not exist anywhere. The history 
of all prison life teaches that where prisoners are well fed 
on substantial food, comfortably quartered and clothed and 
provided with good library facilities and chapel services, 
they become more contented and serviceable to the state, 
and demand less punishment of any kind. It is wise, it 
is humane, to pursue the course that will dispense with the 
necessity for harsh punishment. This prison is compara- 
tively free from severe punishment. This prison is com- 
paratively free from severe punishment, and especially is 
it free from that kind of punishment which destroys the 
mental and physical faculties of the prisoners. It is gradual- 



322 MESSAGES AND PROCLAMATIONS OF 

ly assuming the position of being one of the model pris( 
of the States in the physical condition of the inmates, 1 
system of its organization and the results of its labors, a 
it will advance still higher under the present judick 
management. 

There are several features of the law regulating pei 
servitude, which should be remedied and others incor] 
rated. 

1. The inequality of sentences under the same 1 
and for the same grade of crime. Often the old, harden 
criminal, with a life full of crime, receives a short senten 
while a mere boy, charged with his first offense, receives 
much more severe sentence for the same crime. No lo; 
can convince the young criminal of the justice of a law whi 
will permit such a disparity; and as long as he remains 
that opinion he is not susceptible to reformatory influenc 
This evil should be remedied, both by the law and the cour 
It can be remedied by a graduation of sentences. 

2. Boys under 20 years of age should not be sent 
the penitentiary. If they are, the association of the you 
and inexperienced in crime with the old and incorrigih 
vicious should be prohibited by prison rules formulat 
under the law. 

3. The reading of daily papers, whose columns $ 
filled with detailed recitals of every manner of crime, shou 
be excluded from the prisons, and only religious weekli 
and periodicals should be allowed circulation among t 
convicts. It is an indisputable fact that* with a gre 
majority of convicts, the columns telling of violence, frai 
and crime are the first to be read. 

4. As far as possible, prisoners of the same age ai 
grade of crime should be grouped together at work and 
their cells. 

5. If a permanent chaplain is employed at the pris< 
he should be required to teach a Sunday prison schoc 
under the direction of the Board of Inspectors and Warde 
In many prisons such schools are successfully and ben 
ficially taught spelling, reading, arithmetic, writing ai 



GOVERNOR THOMAS THEODORE CRITTENDEN. 323 

geography being the most useful branches taught in these 
schools. Education is a preventive of crime and a remedy 
for vicious associations. 

COSTS IN CRIMINAL CASES. 

There was appropriated by the last General Assembly 
for the payment of costs in criminal cases for 1881 and 1882, 

$340,000 00 
There has been expended 297,270 00 



Leaving a balance of $42,279 30 

Considering the very large number of prosecutions and 
convictions within the last two years, and that crime of 
every grade has been so well held in check, this economy 
is creditable to the courts and officers of the law. 

The following table shows the expenditure of such costs 
for the last twelve years. 



1869-70 


$414,954 86 


1871-72 


344 078 38 


1873-74 


386,34fe 07 


1875-76 


360,606 69 


1877-78 


511,547 90 


1879-80 


376,578 61 


1881-82 


279,270 70 







My predecessor wisely said, in his message to the 30th 
General Assembly: 

"There was formerly a statute which provided that in 
all criminal cases there should be a lien on all the property of 
the defendant for the payment of costs and fine which might 
be adjudged against him, and which lien should date from 
the day of the arrest of defendant, or from the date of the 
indictment found, whichever might first happen. I advise 
a similar provision be adopted. Criminals sentenced to the 
penitentiary are sometimes kept in the jails many days 
after the judgment and sentence has been rendered, and 



324 MESSAGES AND PROCLAMATIONS OF 

when no appeal or writ of error is pending. This entails 
additional expense to the State; for the cost of feeding a 
convict in the penitentiary is about ten cents per day, 
whilst in the jails it is fifty cents per day. This unnecessary 
delay in sending convicts to the penitentiary should be 
remedied." 

RAILROADS. 

I invite the attention of the Legislature to the Seventh 
Annual Report of the Board of Railroad Commissioners. 
It is full of Valuable matter. The board has discharged its 
duties with fidelity and intelligence; exciting, by its just 
action, no deserved criticism from the people or the cor- 
porations, and having the great interests of both under con- 
stant consideration, with but one object in view to so 
adjust the rights of each, according to the principles of 
justice, that both may be saved from bickering and hos- 
tility. I present a comparison of the year 1882 with those of 
1880 and 1881, showing the per cent, of gain in the leading 
features of railroad business, which exhibits the prosperous 
conditions of the roads: 



Number of miles of railroad in Missouri in 1882 


4,500 


Number in process of construction 


150 


Increase of 1882 over 1881 


266 


Increase of 1882 over 1880 


494 


Capital stock on railroads -at close of 1882 


$135,000,000 


Bonded debts on railroads at close of 1882, . . . r 


148,500,000 


Total stock and debts 


283,500,000 


Increase of 1882 over 1881 


16,758,000 


Increase of 1882 over 1880 


59,108,000 


Gross earnings in 1882 


33,000,000 


Increase of same over 1881 


6,000,000 


Increase of same over 1880 .... . . . 


10,600,000 


Oj>erating expenses in 1882 


22,000,000 


Net earnings in 1882 


11,000,000 







From this $11,000,000 is to be paid the interest on the 
$148,500,000 of debts which amounts to about $8,880,000, 



GOVERNOR THOMAS THEODORE CRITTENDEN. 



325 



and the balance, $2,120,000, to be divided between the holders 
of stock: 



Per cent, of increase of net earnings of 1882 over 1881 . . . 

Per cent, of increase of net earnings of 1881 over 1881 . , . 

Gross receipts on passengers, 1882 

Gross receipts on passengers, 1881 

Gross receipts on passengers, 1880 

Gross receipts on freights, 1882 

Gross receipts on freights, 1881 

Gross receipts on freights, 1880 

Gross receipts on miscellaneous earnings from transporta- 
tion, 1882 

Gross receipts on miscellaneous earnings from transporta- 
tion, 1881 

Gross receipts on miscellaneous earnings from transporta- 
tion, 1880 ' 



.22 
.20 

$7,260,000 

5,940,000 

4,928,000 

24,090,000 

19,710,000 

16,352,000 

1,650,000 
1,350,000 
1,120,000 



The cost of transportation (to the companies) has 
gradually diminished for several years past, resulting in 
part from the largely increased volume of tonnage and 
travel, and so distributed as to employ their machinery 
profitably in passing to and fro, along the whole part of the 
line. The cost to the public (z. e. rates) has been 25 per cent, 
less since March, 1878, than before; resulting from the 
operation of the law of 1875, as administered by the Rail- 
road Commissioners. This has saved to the people $25>- 
000,000 in five years. 



Number of persons employed on railroads in Missouri 

in 1882 

Average number to mile of road 

Highest local passenger rate, 1882 

Lowest through rate reported , 

Average on all under (tending downward) 

Average freight rate (very little change since 1880) 



24,750 
5 1-2 

4 cents. 



2 cents. 
1 1-2 cents. 



The general condition of the roads is good and con- 
stantly improving, the exception being on short lines with 
light traffic. Iron rails are being replaced with steel, and 
iron bridges are replacing wooden ones. The first 240 miles 



326 MESSAGES AND PROCLAMATIONS OF 

of the St. Louis and San Francisco Railroad is a specimen of 
excellent track. The capital represented in the roads is 
shown by the bond account to be $283,500,000. Their 
cash cost to the companies cannot now be ascertained. 
The road-beds generally throughout the State are in ex- 
cellent condition, and are being constantly improved by 
labor, and with the safest modern appliances, such as steel 
rails, iron bridges, trestles with embankments, reducing the 
sharp curves and heavy grades, and extending over the 
trunk lines, substantial stone ballasting. The companies 
repair suggested faults and defects in their road-beds and 
machinery with alacrity, and we may congratulate them 
upon the greatly improved condition of their road-beds and 
character of their coaches and mail and express cars and 
locomotives; the acceleration of speed with which they move 
their trains, and the politeness and vigilance of the officers 
and employes of the various roads. 

Along the lines of the old roads are still seen many old 
sombre-looking depots, which were erected at an early day 
in their history, and which should be replaced by buildings 
of more modern architecture, in keeping with the prosperity 
of the roads. I am satisfied that the managers of our 
railroads will see the necessity for such changes, and will 
further elevate their roads in the public esteem by these 
additional improvements. Section 17 of Art. 12, of the 
Constitution forbids the consolidation of parallel or com- 
peting lines of railroads within this State. This section 
was not inserted in the Constitution for the purpose of 
arraying the police power of the State against the roads, 
but to prevent their franchises and privileges from being 
used against the interests of the people, and converted into 
powers to oppress those who invoked them into existence. 
I do not know that such consolidations as are prohibited 
by the Constitution have taken place. It is worthy of the 
consideration of the proper tribunal, and should receive 
judicial investigation. The Constitution declares that the 
question shall be decided by a jury, upon proper issues 
made in the courts. The liberties of no people are safe 



GOVERNOR THOMAS THEODORE CRITTENDEN. 327 

who suffer their laws or organic acts to be violated by any 
individual or combination of individuals. If one or more 
corporations have disregarded this section of the law, they 
should be dealt with in the manner prescribed by the law. 
Those immense powers should yield implicit obedience to the 
law like individuals, receiving its benefits and protection 
when in submission to its requirements, and its punishment 
and penalties when they defy its powers. There should be 
the most amicable feelings between these corporations and 
the State, each being essential to the prosperity of the other. 
The State and various counties having expended large sums 
of money in the construction of these roads, for the purpose 
of increasing their population, developing their resources, 
adding taxable wealth to communities and supplying cheap 
and rapid transportation to their citizens and tonnage, can- 
not view them otherwise than as indispensable public 
blessings, and cannot fail to recognize their important and 
friendly relations by impartial legislation. 

However rapid may have been the growth of Missouri 
in the past, surpassing, in the increase of her population and 
magnitude of her wealth, many older States, there are yet 
millions of acres of unoccupied land within her broad limits 
awaiting the investment of domestic and foreign capital in 
railroads in order to make their markets accessible and make 
fhem the homes of an industrious people. This capital 
will seek investment in f hose States whose legislation is not 
inimical to its reasonable remuneration, and will permit it 
to reap returns upon capital actually invested, equal to the 
profits realized by capital invested in the ordinary classes 
of business. If the same wisdom characterizes the legis- 
lation of this State in the future, as in the past, we may 
reasonably expect large investments in railroad construc- 
tion, and the creation of thousands of new homes upon those 
idle acres of land. Such investments are now seeking 
Missouri, and will continue to come so I am assured 
provided it is not repelled by illiberal and arbitrary legisla- 
tion. The future prosperity of the State, as well as the 
fullest development of her resources, will depend upon the 



328 MESSAGES AND PROCLAMATIONS OF 

enactment of liberal laws and their inforcement against 
all classes of violators. A prominent Western daily journal 
said: "The railroads should be fair with the people, and 
the people should be just to the roads." If that idea is 
adopted by both parties, both will be benefited to a greater 
degree than if an antagonism existed between the two. 

I call your attention to the necessity for an amendment 
of sections 83 and 842 of the Revised Statutes of 1879, shown 
on pages 157 and 158 of the 7th annual report of the Board 
of Railroad Commissioners, and the reasons for these amend- 
ments, as shown on pages 15 to 21, inclusive, of same report. 
I suggest the propriety of amending sections 792, 841 (as 
amended by act of March 17th, 1881), and 843. The effects 
of these amendments will be to render a perfect classifica- 
tion of freight possible; whereas, as the law now is, it is 
impossible to extend the limitation of rates to all articles 
of freight, where it is now applicable to only a part of 
them; to make sections 833 and 835 consistent with section 
842 as amended; to simplify the enforcement of the law of 
rates, to collect all matter pertaining to returns from rail- 
road companies to the Commissioners into one section; to 
remove discrepancies in regard to same, and to enable the 
Commissioners to simplify it, to place in a separate section 
the matter of reports of the Commissioners to the Governor, 
and to provide for the publication and distribution of the 
same; to require the Commissioners t inspect the railroads 
twice a year, and to investigate the causes of accidents. 

COMMON SCHOOLS. 

What is said hereafter of the State University and 
Normal Schools covers so completely my views on all grades 
of education that but little can or will be said under this 
head. The common schools of the State are in a prosperous 
condition, as will be shown by the data subsequently given. 

On the 1st of January, 1883* closes the official career 
of Hon. R. D. Shannon, as Superintendent of the Public 
School system of this State. He has filled the office for the 



GOVERNOR THOMAS THEODORE CRITTENDEN. 



329 



last eight years with ability, wisdom and efficiency. To no 
one who has occupied that office, does Missouri and the 
cause of education owe more for the simplicity and excel- 
lency of the school law and the good results flowing from its 
management, than to Dr. Shannon. He has done his 
duty well and his deeds will follow him. I refer the General 
Assembly to his late report, which fully sets forth wherein 
the school law is defective and should be amended. 
Although the following facts collated by Dr. Shannon 
have already been presented in one of the public journals 
in St. Louis, I deem them sufficiently important to present 
to you: 



SCHOOL FUNDS OF THE STATE. 



Total amount of permanent productive funds in the 
several counties, (county, township, etc.,) and in 

thecity of St. Louis $6,124,083 84 

Add State Fund (proper) 2,912,517 66 

Add Seminary Fund 122,095 08 

Add Agricultural College Fund (sale of lands) 213,000 00 

Total $9,371,696 58 

Add University Fund (bonds not heretofore reported). . 200,000 00 

And we have $9 ,371 ,696 58 

Comparing these figures with those given in the last 
published report of the school Department, (1880) 
we will find an increase in the county funds (actual 
increase or part not heretofore reported by county 

clerks) in two years of $205 , 165 87 

In the State Fund of 2,725 00 

And the University Funds of 313,000 00 

Total increase $520,890 87 



The report of 1880 showed that Missouri was the 
second State in the Union in the amount of permanent funds 
set apart for public education Indiana surpassing her $114,- 
449.02. But as Indiana has no ceunty or township funds 



330 MESSAGES AND PROCLAMATIONS OF 

and no fixed or certain provisions for the increase of her 
State fund, Missouri has advanced beyond her, and now has 
considerably the largest amount of funds devoted to public 
education of any State in the Union. 

Nor does the amount above given represent all of our 
school funds. The fines, forfeitures and penalties realized 
during the year belong to the county school funds. During 
the last school year the county clerks report the amount 
collected as $91,168.91. I have not included them in the 
statement of the amount of the funds, for the reason that a 
few clerks reported that they included the fines, etc., in 
their reports of the amounts of the county funds; and I 
have no means of determining the exact amount thus er- 
roneously placed. Still, I am sure not many thousand 
dollars were thus reported. 

SCHOOL CENSUS (1882). 



Total enumeration 


741,632 


Total enrollment 


488,091 


Per cent of enrollment to enumeration 


.6581 


This is an increase (in 2 years) of enumeration of 


18.148 


And an increase (in 2 years) of enrollment of 


5.105 







Considering the facts that our school age is between 6 
and 20 years (covered by the enumeration), that very few 
attend school after the 18th year, and very many not after 
the 16th year; that the enrollment does not include those 
attending private, denominational or parochial schools, the 
University, the four Normals, or the schools of other States; 
while the enumeration includes all of these, the per cent, of 
enrollment or attendance is seen to be most excellent. 
Indeed, I do not believe that it is surpassed in any State. 



EXPENDITURES. 



For the last school year 

Which is a per capita, on enumeration, of. 
Which is a per capita, on attendance, of . . 



5,468,738 67 
4.677 
7.106 



GOVERNOR THOMAS THEODORE CRITTENDEN. 331 

It must be borne in mind that five large, wealthy and 
populous counties make no report of expenditures (on ac- 
count of township organization), while they do report 
school population and receipts. The five doubtless ex- 
pended $150,000 for schools. 



School houses owned. 
Increase over 1880. . . 



Schools in operation (white) 8,321, (colored) 501 



total . 



Increase (white) 172, (colored) 9 total increase. 

Teachers' wages paid 

Increase over 1880 

Number of teachers employed 

Decrease since 1880 

Average salaries paid teachers per year 



8,272 
23 

8,822 
181 

$2,226,609 58 

8,972 22 

10,607 

1,052 

$209 91 



It is impossible to tell the average nufriber of months 
schools have been taught, owing to the defective reports 
made to the Superintendent's office; but assuming that 
average to be five months, and I think it will not exceed 
five, the average monthly salary of teachers would be $41.98. 

The estimated value of school property in the State, 
exclusive of the University, four Normal schools and the 
schools for the blind and deaf and dumb, is $7,521,695.08. 



An increase since 1880 of 


$168,293 86 


The estimated seating capacity of the schools is 


516,942 


An increase of 


27,807 







The total amount of taxes levied by the school dis- 
tricts (DeKalb and Macon counties not included) is $2,- 
286,191.66, which is $0.41 on the $100 of assessed valua- 
tion of taxable property for State and county purposes. 

NORMAL SCHOOLS. 

The three Normal Schools, located respectively at 
Kirksville, Warrensburg and Cape Girardeau, are in a 
flourishing condition. They are situated in three of the 



332 MESSAGES AND PROCLAMATIONS OF 

geographical divisions of the State and are easy of access 
by rail at all seasons the one at Cape Girardeau being 
also accessible by water. They are located in communities 
distinguished for their intelligence and morality, and have 
grown into public commendation and patronage so rapidly 
that they may now be considered an indispensable part of 
the educational system of Missouri. No State is assuming 
a" more prominent and pronounced position in favor of all 
grades of education than Missouri. Beginning with the 
Kindergarten system in cities and towns, ascending to the 
common school grade, the school of manual training, the 
high school, the Normal School, the School of Mines, the 
denominational colleges in various sections of the State, 
Washington University in St. Louis, and to the State 
University at Columbia. These form an educational unity 
of which no defence is required, as its perfection is rapidly 
passing beyond the limits of just criticism. Few, if any, 
of the other States have a larger or more safely secured 
school fund than this State. 

There have been enrolled during the present school 
year at the Warrensburg Normal School 364 students, 
being a net gain of 85, or more than thirty per cent, over the 
enrollment of the corresponding date of last year. This 
does not include the school of practice, which enrolls 69. 

During the last school year 365 students matriculated, 
all of whom filed written declarations of their intention to 
teach in this State. One hundred and seven were teachers of 
som experience before matriculation, and 239 designed 
making this profession their permanent calling. Of the 
number registered last year, 388 were residents of Missouri 
and 7 from other States. The attendance from this State 
represented 33 counties. The occupations of the parents 
of these students are as follows: Farmers, 68; mechanics, 
9; all other callings, 23. 

The number of students enrolled at the Kirksville 
school during the year ending June, 1882, was 481. Number 
enrolled present year, up to December 1, 1882, 350. Not 
having information before me, I am unable to state the 



GOVERNOR THOMAS THEODORE CRITTENDEN. 333 

number of counties represented by the students in this 
school, the number who have taught or intend making 
teaching their calling, or the occupations of their parents. 
This school has an enviable reputation secured by the 
thoroughness of its curriculum, and by the excellent qualifica- 
tions, character and devotion of its corps of teachers. 

There were enrolled at the Cape Girardeau School last 
year 225 students. This year, to December 1st, 211, with 
the expectation that it will reach 300. Considering that 
this school is, by several years, the junior of the other 
Normal Schools, and is situated in a part of the State less 
populous than are the communities surrounding the others, 
it has an enviable record. It is under the management of 
one of the best and most ardent educators in the State, 
whose reputation is co-extensive with its limits. He is 
supported by an able and zealous corps of teachers. Its 
location is not surpassed by the other schools in those 
elements which enter into the success of such an institution. 
These schools have grown in popularity during the last 
two years as the public realizes more and more the virtues 
of the system through the efficiency of the teachers they 
send out. Heretofore the State has depended largely upon 
teachers from a distance to supply the demands of our public 
schools. Now they go forth from our Normal Schools, 
equally as well and in most instances better qualified 
than the foreign teachers, and additionally equipped with a 
grateful interest in the progress of the schools of our State, 
which has, through its generosity, supplied them with such 
ample opportunities for education. There is a constantly 
increasing demand made on these schools for trained teachers, 
which, I regret to say, the schools have not been able to 
supply. The Legislature should give these schools every 
legitimate facility for meeting, these demands. It is the 
most economical way of expending the public revenues. 
School houses are more honorable and profitable to the 
State than ignorance* crime and prisons. The late census 
shows the startling fact Uiat of the illiterate residents above 
the age of ten and unable to read, Missouri stands 2&th in 



334 MESSAGES AND PROCLAMATIONS OF 

the list of forty-seven States and Territories 8 9-10 of 
her population being in that unfortunate condition, while 
208,754 of her population are unable to write. It may be 
that a large per centage of this illiteracy exists among the 
colored population. Even if this be true, it should not be 
allowed to remain so, and steps should be taken at once to 
remedy this great evil No State does its full duty to itself 
or its citizens until it affords every convenience and op- 
portunity with or without cost for the education, to a 
reasonable extent, of every child within its limits. 

LINCOLN INSTITUTE. 

This institution belongs to the Normal School system of 
Missouri. During the last school year it matriculated 148 
students. The number matriculated this year, to date, 
is 130, as against 125 at the corresponding date last year. 

It was established by the liberality of colored soldiers 
for the purpose of educating the colored youths of this 
State, to the end that some if not all of them might be- 
come teachers in the schools set apart for that race. The 
school has proven a success, especially so since it has been 
placed under the management of Prof. Page, who is one of 
the most competent and diligent educators in the State, and 
whose devotion to the cause has placed the institution over 
which he presides upon the elevated ground of being worthy 
of the consideration of the Legislature and patronage of the 
State. The prejudice that once existed against it is rapidly 
subsiding, which is in part, at least, attributable to the fact 
that its course, as far as it goes, is thorough in morals as 
well as in mental improvement, and that it is, alone, an 
educational institution for the enlightenment and advance- 
ment of the colored students, male and female, who attend 
it. It supplies a demand that no other institution in the 
State could supply; therefore, it should be recognized as 
one of the permanent and indispensable colleges of the 
State. The necessity of the situation demands the greate s 
assiduity and care in the education of the colored children 



GOVERNOR THOMAS THEODORE CRITTENDEN. 335 

of the land; as, in so doing, we make of them better men and 
women and more useful citizens, and afford home means 
of educating their guardians and parents who had no educa- 
tional advantages in their earlier years. We, to-day, have 
imposed upon us by the law of the land as well as by the 
dictates of common humanity the double duty of educat- 
ing both the young and the old of this race, and we should 
allow neither neglect, prejudice nor indifference to swerve us 
from this obligation. The old cry that "it will do no good" 
has already been proven to be fallacious and we should 
ignore it without regret. It is in opposition to all the 
teachings of the past and the Christian sentiment of the 
present. The four Normal buildings require to a greater 
or less extent immediate repairs in order to preserve them 
from decay and render them comfortable for the students. 
Under the provisions of an act entitled "An act requiring 
the Governor to appoint a special committee of the General 
Assembly to visit and examine the institutions of the State," 
approved March 3d, 1881, I have appointed Hon. T. V. 
Bryant upon the part of the Senate, and Hons. Harry 
Lander and C. H. Storts upon the part of the House as 
such committee, to visit and examine all of the State in- 
stitutions except those located at the seat of government. 
The committee will make a report to you "showing the con- 
dition and management of said institutions * * * and 
such other facts and recommendations as may be deemed 
pertinent for your information." They will report to the 
General Assembly what architectural changes, repairs and 
improvements are necessary in the various State institu- 
tions to fully equip them for the purposes for which they 
were designed, except in the case of Lincoln institute. 
This school being located at the seat of government, the 
committee has no authority to examine it. I therefore call 
your attention to the special necessity for an examination 
into the wants of the school by the Legislature. The last 
General Assembly appropriated $5,000 to be used in the 
erection of a dormitory at the Institute, This sum was not 
sufficient to complete it. A sufficient sum ought to be 



336 MESSAGES AND PROCLAMATIONS OF 

appropriated by this Legislature to complete the dormitory 
and make necessary improvements upon the main buildings. 
For a detailed statement of the needs of the school I refer 
you to the report made to your respective bodies. 



THE STATE UNIVERSITY. 

The University of the State continues to prosper under 
its present efficient and enlightened management. Despite 
the failure of crops in 1881 and the hard times consequent 
thereon, the number of students in attendance upon the 
various departments of the institution will, for the year 
1882-83, reach upwards of five hundred. 

Each department of the University is in good working 
order, the various chairs being filled by able and learned 
professors. With the present prosperous condition of the 
State, there is a fair promise that in the future the number 
of students will be largely increased, and that the institu- 
tion will continue to meet the enlightened purposes for 
which it was originally founded. 

Our State has an excellent educational system when 
properly analyzed and understood, and in this connection 
the true character of this public school system cannot be too 
earnestly or too frequently impressed upon the intelligent 
public mind. The fundamental idea of our system of free 
government is that it must rest upon the morality, intelli- 
gence and culture of the peo,ple. It embraces in its scope 
not only the common, schools but also the higher instruc- 
tion, provided for the University; the one is intended to 
supplement the other; they give mutual strength and both 
are needed to insure that better intelligence so essential to 
good citizenship in a free country. 

Even prior to, the adoption, of the first State Con- 
stitution, of Missouri this, was* tha thought which guided the 
enlightened mea. ol that day. Under the "Enabling act of 
Match 6th, 1&2Q" which aathoriz&d tie inhabitants of the 
territory to organize themselves into a State, provision 
was made for common schools by the dedication of every 



GOVERNOR THOMAS THEODORE CRITTENDEN. 337 

sixteenth section of the public land for this object, and at 
the same time setting apart two townships of the public 
land for the founding of "A University for the promotion of 
the arts, sciences and literature." Thus the common school 
and University were inseparably blended. The lower and 
higher education were thus provided for in the same ''En- 
abling ad" and "came to birth with the birth of the State itself. 9 ' 
"One University, many common schools, which meant 
concentration for the higher education, diffusion for the 
lower." Thus it is that these two parts of the same system 
were established at the same time for the education of the 
people. This was the provision made by the wise and 
intelligent men who laid the foundations of our State 
government more than a half century ago; this was the 
system which they pledged themselves to encourage and 
maintain, and which they deemed necessary to afford that 
culture to all who might inhabit the State in the future, and 
which would enable them to be honorably associated with 
citizens residing in the other States which might compose 
the American Union. And who in this age of progress 
would change this system? Who would not fortify, 
strengthen and maintain it and thus enable the youth of 
Missouri, male and female, to enjoy advantages of educa- 
tion equal to those of any other State or country? 

It is creditable to the people that in the first Constitu- 
tion adopted by them when Missouri was admitted as a 
State into the Union, the system of education above de- 
scribed was incorporated, and amid all the political changes 
and fluctuations of parties which have since occurred, and in 
every Constitution under which the people have lived down 
to this time, the same system has been recognized and a 
solemn pledge given to maintain it. It was embodied in 
the Constitution of 1865, and with only a change of phrase- 
ology it is found ia the present Constitution, adopted in 
1875. In article eleven, section one, we find the following: 

SECTION 1. A general diffusion of knowledge arid 
intelligence being essential to the preservation of the rights 
and liberties of the people, the General Assembly shall 



338 MESSAGES AND PROCLAMATIONS OF 

establish and maintain free schools for the gratuitous in- 
struction of all persons in this State between the ages of six 
and twenty one years. 

And in section five of the same article we have the 
following explicit language: 

"The General Assembly shall, whenever the Public School 
Fund shall permit, and the actual necessity of the same may 
require, aid and maintain the State University, now established, 
with its present Departments." 

How is this public school system to be sustained? In 
article eleven, section six, subject, Education, will be found a 
clear and distinct definition of what shall constitute the 
"Public School Fund," and which fund "shall be securely 
invested^ 9 and "sacredly preserved" as "a Public School 
Fund," the annual income of which fund, together with as 
much of the ordinary revenue of the State as may be neces- 
sary, shall be faithfully appropriated for establishing and 
maintaining the free schools and the University in this 
article provided for, and for no other uses or purposes whatso- 
ever. 

Under the latter clause of this section not less than 25 
per cent, of the State revenues has been for many years past 
set apart for the purposes named in said section. It has 
never been definitely settled what portion of the above fund, 
or of the income thereon, shall be set apart for the free 
"public schools," and what part for establishing and main- 
taining the "State University" This question has therefore 
caused some embarrassment, and as certainty of annual 
income both for the free public schools and for the Uni- 
versity is a matter of vital concern, I call your attention to 
it in order that the same may be equitably settled by proper 
legislation; and if it is deemed the wisest policy to set apart 
for the free public schools the whole amount of the 25 per 
cent, of the State revenue, then it would seem but fair and 
just, as well as in strict accordance with the letter and spirit 
of the Constitution, that an amount commensurate with the 
wants of the University, as recommended by its Board of 
Curators, should be appropriated, out of the remaining 



GOVERNOR THOMAS THEODORE CRITTENDEN. 339 

revenues or other funds belonging to the State and not 
otherwise appropriated. 

A PERMANENT ENDOWMENT FUND. 

In this connection it is proper to call your attention to 
the State providing a permanent endowment fund for the 
University. If this were adequately done and the fund 
profitably and safely invested, the annual interest thereon 
could stand in lieu of the appropriations now asked for at 
each meeting of the General Assembly. This policy would 
not increase the expense of the State, whilst it would insure 
certainty and uniformity of income upon which the author- 
ities of the University could always rely, and at the same 
time relieve the General Assembly of the contests which 
usually attend the passage of laws making the appropria- 
tions. When it is remembered that no part of the per- 
manent fund belonging to the University has been granted 
by the State, but has been derived wholly from local sub- 
scriptions and other sources, the justice and propriety of the 
demand for a permanent endowment will be readily. recog- 
nized. 

It has not been unusual for other States much younger, 
less populous and possessing far less wealth than Missouri 
thus to endow colleges and universities belonging to and 
under the control and government of the States, and bear- 
ing the same relation to the State in which they are located 
that the State University bears to the State of Missouri. 
Michigan, admitted into the Union in 1837, seventeen years 
after Missouri, has appropriated for her university proper 
for buildings and permanent improvements, $344,000. 
For permanent endowment fund, $480,000, on which the 
State, pays 7 per cent, interest. The standing annual 
appropriation for the University is in addition, $46,500. 
And at every session of the legislature extra appropriations 
are made for current expenses. 

The Agricultural College of Michigan is not connected 
with the University, but is located at Lansing. For the 
support of this institution for lands, erection of buildings, 



340 MESSAGES AND PROCLAMATIONS OF 

fixtures and permanent improvements, the State has ap- 
propriated the sum of $581,756. The endowment fund 
amounts to $173,418, on which the State pays 7 per cent, 
interest quarterly. 

California, admitted into the Union in I860, thirty years 
after Missouri, has appropriated for her University proper, 
for buildings and equipments, the sum of $440,710. State 
permanent endowment fund $870,000, on which the State 
pays 6 per cent, interest annually for the support of the in- 
stitution* $52,200. 

In California the Agricultural and Mechanical College 
is made a part of the University, the same as ours. For 
buildings and for the support of this department, the State 
has appropriated $276,897. 

INVESTMENT OF THE PUBLIC SCHOOL FUND. 

Under the law a large part of the funds belonging to the 
common school, formerly held in bonds of the State of Mis- 
souri, have been invested in a certificate of indebtedness of 
the State, bearing six per cent, interest per annum. This 
certificate is intended to be perpetual, and affords a safe 
and permanent investment of these funds. 

There are other funds belonging to the Public School 
Fund of the State, held also in bonds of the State of Mis- 
souri, now called in for redemption. This fund amounts to 
upwards of $200,000, arising from the sale of Agricultural 
College Lands made by the Board of Curators during the 
last year. These funds, under the law, are for the benefit 
of the Agricultural and Mechanical College, located at 
Columbia, and the School of Mines, at Rolla. Under the 
restrictions of the State Constitution the Board of Curators 
meet with some embarrassment in reinvesting these funds; 
to provide for their security and permanence, it "is recom- 
mended that a certificate of indebtedness on the part of the 
State be- issued for the amount of these funds similar to the 
certificate above referred to, issued for the benefit of the 
common schools, and bearing the sam$ rate of interest now 



GOVERNOR THOMAS THEODORE CRITTENDEN. 341 

paid upon the bonds. There will be other funds derived 
from the same source and other sources paid into the State 
Treasury for the benefit of the Public School Fund of the 
State, and it is recommended that the law passed at the 
last session of the General Assembly "To encourage and 
increase the Public School Fund of the State," be so amended 
as to authorize the issuance of a common State certificate 
for all such moneys thus added to the Public School Fund. 

As our population and wealth increase, it will offer an 
inducement and encourage persons benevolently inclined to 
dedicate a portion of their means to the sacred cause of 
education. A policy kindred to this has been successfully 
pursued by a number of States of the Union, as in the cases 
of Michigan and California above referred to, and many 
others that might be mentioned. The State, so deeply 
interested in all that pertains to the education of the rising 
generation, will always find ample use for any moneys thus 
likely to be added to the Public School Fund. The State 
thus becomes the trustee for funds given or granted for 
public educational purposes, holding them in her own hands, 
and having a guarantee at the same time that the interest 
on all such funds is sacredly expended for the precise objects 
for which they were granted or'donated. 



THE UNIVERSITY COMPOSED OF VARIOUS COLLEGES. 

Unlike many colleges under control of the different 
States, the policy of concentration has been mainly pursued 
in Missouri. The University consists of various depart- 
ments or colleges, the management of a common govern- 
ment, and where, without the expense of multiplication, 
the different professors are utilized in each, as their services 
may be needed. In addition to the courses in science, 
literature and art, usually taught in colleges, there are in 
the University the Departments of Agriculture and Horti- 
culture; the Normal Department; the Department of Civil 
Engineering, together with the professional schools. 



342 MESSAGES AND 'PROCLAMATIONS OF 

Besides the great saving of expense, there are many 
advantages secured to the youth of the State by this as- 
sociation of various schools under one government. With 
the prospective increase of students, it will be at once seen 
that there is an imperative necessity for more room, either 
in the enlargement of present buildings or the erection of 
others, all available space being now fully occupied. 

IMPROVEMENT OF THE AGRICULTURAL COLLEGE FARM. 

Under the Jaw of Congress of July 2d, 1862, there 
were certain conditions attached, to which the assent of 
each State accepting the grant should be given. On March 
17th, 1863, the General Assembly, by resolution assented 
to all of said conditions, and pledged the faith of the State 
to the faithful performance of the trust therein created. 
Among these conditions was fhe following: "Second No 
portion of said fund, nor the interest thereon, shall be applied, 
directly or indirectly, under any pretense whatever, in making 
improvements; in the purchase, erection, preservation or repair 
of ami building or buildings" 

The States were required and agreed to do this, and as 
Missouri has never appropriated any amount for this pur- 
pose, or furnished any labor for these improvements, I 
commend to you a careful consideration of the recommenda- 
tions that shall be made to your honorable bodies by the 
Board of Curators upon this subject. 

NUMBER OF THE BOARD OF CURATORS. 

Prior to the adoption of the Constitution of 1875, under 
laws that then existed, the number of the Board of Curators 
had increased to twenty-three or twenty-four members, 
making the body both expensive and unwieldy. In an 
effort to remedy this difficulty, the convention went to the 
other extreme, and reduced the number to nine (9), making 
the Board too small, with the important duties and respon- 
sibilities attaching to the office. It is recommended, there- 
fore, that an amendment be proposed to the Constitution, 



GOVERNOR THOMAS THEODORE CRITTENDEN. 343 

to be submitted to a vote of the people, increasing the num- 
ber of the Board to fifteen, in order that the responsibility 
be further divided and the different parfrs of the State be 
more fully represented in said body. 

Constituting, as the University does, with its various 
departments, including the School of Mines and Metallurgy, 
a most important part of the Public School system of the 
State, and desiring to see that system maintained and 
strengthened in all its parts, together with the Normal 
Schools and Lincoln Institute, created by statutory enact- 
ments of the General Assembly for the education of the 
colored youth of the State, I have deemed it proper to make 
to your bodies the foregoing suggestions and recommenda- 
tions. For a more detailed statement of the wants of the 
University and its various departments, including the School 
of Mines and Metallurgy, of the Normal Schools and Lincoln 
Institute, I commend to your careful consideration the 
recommendations which will be made to your body by the 
respective Boards of these Institutions. 



SCHOOL OF MINES. 

The School of Mines and Metallurgy at Rolla is in a 
flourishing condition. It fills a vacuum in the educational 
system of the State which no other school or college could, 
as it makes the education of the young in Geology and 
Mineralogy a specialty. The rich mineral developments in 
this State and in all the Western States and Territories 
have caused a demand for mining engineers; and those who 
have gone forth from this college have been well qualified 
for the duties of their profession, consequently have gener- 
ally received lucrative compensation. It is situated in a 
locality well adapted to such an institution, and should 
receive the most generous encouragement from the legisla- 
tive bodies of the State. 



344 MESSAGES AND PROCLAMATIONS OF 



MANUAL EDUCATION. 

I desire to call your attention to a new feature in the 
education of boys, developed by the Manual Training 
School of Washington University, St. Louis. This school 
was established through the subscriptions of citizens of 
that city, for the purpose of testing the feasibility of uniting 
manual training by which is meant systematic instruc- 
tion and regular practice in the use of tools with the 
ordinary teaching from books, which is intended to develop 
and discipline the mind. The success of the school appears 
to have fully met the expectation of its founders, and it has 
become a permanent feature of the University. The cur- 
riculum of the school covers three years. Boys from four- 
teen to eighteen years of age are carefully taught the art of 
the mechanical draughtsman, and to use the tools of the 
carpenter, the wood-turner, the blacksmith and the machin- 
ist; and during the same term they make the usual progress 
in literature, mathematics and science. It is contended 
that in this system better intellectual results will be secured, 
in consequence of the knowledge and command of the 
materials and forces which, to so great a degree, form the 
basis of all intellectual life. They claim that two points 
have been clearly proven: One is, that, when properly 
taught, boys learn the use af tools in a surprisingly short 
time; and the other is that the manual feature produces an 
unusual interest in, and relish for, school life. In the St. 
Louis school the effort has been to introduce those tools and 
processes which have the greatest breadth of application 
in the industries of our people. Methods of working wood 
and iron are of almost universal application, and one who 
is trained to expert and careful workmanship in these, 
turns easily and successfully to other arts involving the use 
of machinery and edge tools. I learn from Prof. Woodward, 
the projector and director of the school, that two hours 
each day are spent in the shops, and that the shops are taken 
in regular order by all the pupils of the school. The full 
details of particular trades are not taught, and no articles 



GOVERNOR THOMAS THEODORE CRITTENDEN. 345 

are made for sale. The shop exercises are designed ex- 
clusively for instruction and discipline. From first to last, 
boys are taught to make and use working drawings, and 
daily programmes cover six full hours. It is not claimed by 
the managers that the exclusive object of the school is to 
make mechanics. It is intended to give to every pupil a 
full and symmetrical development of his powers, so that, 
whatever may be his choice of occupation, it will be wisely 
made. In my mind it is a school of vast importance, be- 
cause the influence of a manual training school will be to 
divert a large proportion of its graduates from the already 
overcrowded professions to the adoption of industrial pur- 
suits. They will become manufacturers, superintendents, 
foremen, engineers and skilled mechanics; and this result is 
much to be desired in this country. Men skilled in those 
pursuits are always in demand. Our present supply of 
trained mechanics is largely from foreign soil, and our 
American boys, with a taste for tools, have not had a reason- 
able opportunity to cultivate them. The same facilities 
should be given the boys of our own country to obtain such 
an education as are enjoyed by the youth of trans-Atlantic 
countries. The old system of apprenticeship is about at an 
end, and it is necessary, if we propose to protect the interest 
of our industries and consult the welfare of our youth, to 
devise some means for their proper training. In our 
ordinary and more advanced schools the only avocations 
aimed at, and in which positive interest is aroused, are 
commerce, buying and selling, banking, reckoning accounts, 
keeping books, and the so-called "learned professions" (a 
misnomer, in my opinion). The ordinary school boy gets 
the idea that it requires no education to be a mechanic; 
hence he aspires to what he calls a higher profession, a 
higher vocation, and foolishly learns from vicious sources, 
to despise both craft and craftsman. If this pernicious 
tendency can be corrected, and the dignity of skilled labor 
and skilled workmen be maintained by the introduction of 
manual training into grammar schools and sthools of high 
grade, great good will be accomplished. In this material 



346 MESSAGES AND PROCLAMATIONS OF 

age in which we are moving so rapidly, and learning and 
unlearning so much; when society is in a state of such rapid 
transition; when the boy of the tow-path becomes the lead- 
ing statesman of our country, and the son of the millionaire 
of to-day becomes the toiler or the loafer of to-morrow, it 
becomes us to consider this system of training with calm 
deliberation, and to thank those broadminded, practical 
gentlemen who have inaugurated it in our midst, and made 
it by its adaptability to our wants a part of the educa- 
tional system of our State. It makes no appeal to the State 
for financial aid. Being a friend of the intellectual, moral, 
physical and mechanical education of the young of this 
State, I have no hesitancy in directing the attention of the 
Legislature to this Manual School as one of our educa- 
tional ornaments, worthy of the patronage of our sons and 
the respect of our citizens, 

ASYLUM FOR THE INSANE. 

Insane Asylum No. 1, located at Fulton, has 500 
patients in charge. Of these 274 are males and 226 females. 
There are at least one hundred patients in this asylum above 
its capacity for proper treatment. In consequence of this 
the Superintendent has been compelled to reject a large 
number of applications for the admission of chronic cases, 
or cases of over twelve months* duration. Within the last 
two years 364 patients have been admitted, 203 males and 
161 females. Of these 175 have recovered and been dis- 
charged, or a fraction over 48 per cent, of the number 
admitted. Of the 364 admissions, only 205 were insane for 
a period of less than twelve months; and the recoveries were, 
therefore, about 85 per cent, of the recently admitted 
cases. One hundred and forty-five of the recoveries were 
treated less than twelve months; ninety-nine less than six 
months, and only ten for more than two years. These 
facts show the importance of early treatment. Ample 
provisions should be made for this, so that cases, as they 
occur, may be treated in the incipiency of the disease. Delay 



GOVERNOR THOMAS THEODORE CRITTENDEN. 347 

in such treatment is inhuman, dangerous and in the end 
costly. Experience and observation teach that after in- 
sanity continues for a longer period than one or two years 
not one case in five recovers. The average cost of each of 
the 175 recoveries above referred to did not exceed $100. 
In view of this I appeal to the Legislature to make ample 
provision for the treatment of the unfortunate in our State 
who are suffering from this most fearful of all maladies. 
Dr. Smith, the Superintendent of the Fulton Asylum, 
writes me that "the number (of insane) now unprovided 
for in Missouri will more than fill another asylum, larger 
than the one at Fulton." He recommends the enlargement 
of each of the asylums, so that they would each accommodate 
600 patients. The Fulton Asylum is managed with econ- 
omy and sound judgment. The general condition of the 
building is good and the health of the patients excellent. 
Many valuable improvements have been made within the 
past two years. At the close of the year there will be a 
deficiency in the salary account of $2,585.88, caused by the 
election of Dr. Henry, who was placed in charge of the hos- 
pital for insane criminals, and by the increase of the salaries 
of several officers of the asylum. The report of Superin- 
tendent Smith will place before the Legislature a detailed 
account of the condition and wants of this asylum. 

INSANE ASYLUM ST. LOUIS. 

The last General Assembly appropriated $30,000 for 
the support of the indigent insane in this asylum, to be paid 
upon the requisition of the Treasurer, endorsed by the Mayor 
of St. Louis. This is not, properly speaking, a State in- 
stitution. It belongs to the city; but as the city of St. 
Louis pays such a large proportion of the taxes of the State, 
and it is said so many indigent persons are wrongfully sent 
or wander into that city to be cared for, the Legislature, in 
its wisdom, thought it right to make this appropriation. 
After diligent effort, I have wholly failed to ascertain from 
the managers of this asylum the number of patients cared 



$48 MESSAGES AND PROCLAMATIONS OF 

for, who come from the State outside of the city of St. 
Louis. 

INSANE CRIMINALS. 

The General Assembly should consider the feasibility of 
repealing the act of the Legislature, approved March 26th, 

1881, entitled: "An act to provide for the medical treat- 
ment of insane criminals," and providing for the return to 
this place of so many of the criminal insane as are now 
confined at Fulton. I think that experience will demon- 
strate that a separate building for their accommodation and 
treatment should be erected within the walls of the peni- 
tentiary- It is said that the proximity of the insane crim- 
inals to the patients in the regular asylum has an injurious 
effect upon both classes. The building erected for the ac- 
commodation of the insane criminals at Fulton can be 
utilized for the accommodation of the excess of the insane 
crowded into the other buildings. 

MISSOURI SCHOOL FOR THE BLIND. 

This school is located in the city of St. Louis. The last 
Legislature appropriated $42,000 to this institution, $5,000 
of which was for repairs and refurnishing, $1,000 for re- 
plenishing the library and $16,000 additional for salaries. 
Ninety-one pupils h,ave enrolled since September llth, 

1882. With one single exception, the health of the pupils 
has been excellent. The buildings are in fair condition, 
but will require some repairs which will cost about $5,000. 
The Superintendent and teachers perform their duties 
faithfully. The Board of Trustees perform their labor of 
love with singular devotion, doing everything within their 
power to give light, knowledge and pleasure to the inmates 
of the institution. 

DEAF AND DUMB ASYLUM. 

This institution is in an excellent condition, provided 
with efficient instructors and all necessary appliances to 
render the inmates comfortable. It is under the manage- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 349 

ment of an excellent gentleman, whose whole life is devoted 
to the care of those under his charge. He writes me that 
"the pupils have enjoyed perfect health and have exhibited 
a gratifying disposition to prosecute their studies diligently 
and to acquiesce in all reasonable measures for the main- 
tenance of order." The Legislature should not, by meagre 
appropriations, deprive this unfortunate class of anything 
that would contribute to their comfort and happiness. 
Their wants are few and should be bountifully supplied. 
Some improvements are imperatively demanded, the details 
of which will, in due time, be laid before you. 

BOARD OF HEALTH. 

There should be a Board of Health established in this 
State, with its headquarters at St. Louis. It should con- 
sist of five physicians, selected from the different reputable 
Schools of Medicine, the Board to have charge of the State 
sanitation and to act as a Board of Censors in the regula- 
tion of the practice of medicine and surgery. The State is 
full of medical quacks who are killing annually, through 
their criminal ignorance, more men, women and children 
than die from natural causes. The Legislature should give 
this question serious consideration, as it is one involving the 
lives of the people and the reputation of the State. 

THE SUPREME COURT. 

The attention of the Legislature is called to the im- 
portance of making immediate provision for the relief of the 
Supreme Court. The court is now more than fourteen 
hundred cases behind its work and that number is steadily 
increasing. It is a physical impossibility for the Supreme 
Court, as now numerically constituted, to relieve itself of 
the accumulation of business now embarrassing it. The 
judges perform an extraordinary amount of labor but are 
confronted with a daily increase of the number of cases 
upon the docket. But slight relief was experienced by the 
passage of the law giving the judges the power to determine 



350 MESSAGES AND PROCLAMATIONS OF 

what opinions should be written in detail. It is said that 
over three years of labor have accumulated in the court. 
The delay in the adjudication of cases, which this accumula- 
tion occasions, is simply a denial of justice, and especially 
so to persons of moderate means. Expedition in litigation 
increases the respect of the people for the laws and for courts. 
The proposed constitutional amendment for the relief of the 
Supreme Court, by increasing the number of judges, having 
been so largely defeated at the late election, convinces me 
that the electors desire the adoption of some measure of 
relief less permanent and more expeditious in its work. 
This legislature should not adjourn with this important 
question unsettled. In my judgment, the creation of a 
temporary commission, invested with proper power, would 
answer the demands of the situation. This plan has been 
tried in many States and has, so far as I am informed, proven 
satisfactory in every instance. 

THE CONSTITUTION. 

I have been urged by many of the most thoughtful 
and intelligent citizens of Missouri to recommend to the 
Legislature the calling of a convention to make a new State 
Constitution. I do not feel it to be my duty to do more 
in that direction than to call your attention to the respectable 
demand for such a convention. That our present Con- 
stitution possesses many serious defects cannot be ques- 
tioned. Whether these defects can be remedied or elim- 
inated by the ordinary process of amendments adopted by 
the people, in the manner provided in the Constitution, or 
whether they exist in such numbers as to render their 
elimination or correction impracticable by amendments, 
you, alone are competent to determine. It is not my 
province to advise you in this matter. I can only urge you 
to take such action in the premises as your superior judg- 
ment may suggest as being best calculated to insure to the 
people of the State of Missouri a Constitution worthy of the 
dignity and commercial importance of such a State and as 



GOVERNOR THOMAS THEODORE CRITTENDEN. 351 

will most surely guarantee to her citizens all the rights which 
free people should possess. 



THE MILITIA. 

I call your attention to the importance of a well reg- 
ulated militia. Such a body of men is a vital necessity in 
every State, as it is sometimes the last resort for the preserva- 
tion of peace and the enforcement of the law. No State is 
entirely safe, at all times, without such an organization. 
It is well said that it is the only power that can vindicate the 
rights and preserve the liberties of the people and the auton- 
omy of the State in certain emergencies without calling 
upon the general government, and its existence may prevent 
the necessity for its use. The fact of its existence and the 
belief in its readiness to perform its duty in the enforcement 
of the law and the preservation of the peace often has a 
deciding influence against the formation of lawless organiza- 
tions. It is both unwise and dangerous for a State to be 
without a properly organized militia force ready for any 
emergency. A State ought not to appeal to the general 
government in every time of danger. A community, like 
an individual, should be self-reliant and always able to pro- 
tect itself in emergencies. The usefulness of such a body of 
men does not depend so much on the number of men en- 
rolled as upon the discipline and efficiency of the several 
commands; and to secure these we should look to the char- 
acter, intelligence and patriotic devotion to the State of the 
officers and men in the service. As the body of men already 
enrolled in the military service of the State is not large 
in fact not commensurate with the growth and dignity of 
the State some arrangement should be made for placing 
the troops, periodically, in camp service. This cannot be 
done without a reasonable appropriation. This should be 
seriously considered. Sudden danger may find us unpre- 
pared. With special pride I call your attention to the com- 
modious armory hall erected by the foresight and liberality 
of a few of the prudent property-holders of the city of St. 



352 MESSAGES AND PROCLAMATIONS OF 

Louis. It is used as the headquarters of the artillery, 
cavalry and infantry military forces of that city. It is 
sufficiently large for purposes of drill and possesses all the 
appliances for athletic exercises. The arms of the State 
now held by the several branches of the military service are 
securely preserved in that building. This building was 
erected at a cost of sixty thousand dollars, upon grounds 
valued at twenty thousand dollars. The main building is 
one hundred and ninety-three feet long and one hundred 
and nine feet wide. The first floor is occupied by the 
artillery and the second by the infantry companies. The 
third floor is a large hall one hundred and ninety feet long 
by one hundred and six feet wide and is used for general pur- 
poses. Some expenses were incurred by the militia during 
the riot in April, 1881, which should be paid by the State. 
You will be supplied with a detailed statement of these ex- 
penses. The State should recognize the existence of the 
several military companies in St. Louis with pride. Their 
organization and drill are so perfect that they have success- 
fully contended in competitive displays and drills with 
many of the leading military companies of other States, 
thus reflecting credit upon their own discipline and soldierly 
bearing and upon the State. 

IMMIGRATION. 

The last General Assembly appropriated for the use of 
the Board of Immigration $20,000, $15,000 of which was 
to be used in the immediate purchase of not less than 6,000 
copies of the Hand Book of Missouri. The books were pur- 
chased and distributed as required by the law. They have 
been eagerly sought by citizens of many States, and have 
been widely scattered, both in this country and in Europe. 
The book presents a fair outline of the physical and agri- 
cultural history of the State. Various expedients have been 
resorted to by the board so its president advises me to 
ascertain the number of immigrants who have settled in 
Missouri within the last two years. In October last, the 



GOVERNOR THOMAS THEO0ORE CRITTENDEN. 353 

board resolved to appeal to the citizens of the various 
counties, and particularly to the county court clerks to 
obtain information of the approximate increase of popula- 
tion by immigration alone. From replies received, it is 
believed that there has been an increase of 225,000, ex- 
clusive of St. Louis and Kansas City. This is a wonderful 
increase, but large as it is, it can still be further increased 
if the board is furnished the means necessary to execute its 
well-devised plans. If each immigrant of that number 
brought but $1,000 with him, $2,225,000 have been added 
to the taxable wealth of the State. The peculiar em- 
barrassments so long overhanging Missouri having been 
removed by the efficiency of its law officers; with her well 
managed police; with a soil and climate so generous and 
productive; her general state of society so pacific and her 
financial condition and standing so creditable, the State is 
rapidly attracting public attention, and is, consequently, 
receiving a thrifty class of immigrants, who epd-ne to Ipcate 
in a land where honesty, intelligence, industry and morality 
are the only touchstones of success and titles of nobility. 

Nature has done much for this State, and it is only 
left for its citizens to do their part to make it the empire 
of the west. Henry Ward Beecher recently said: "The 
breadth of country from the Red river country of the north, 
stretching to the Gulf of Mexico, including Minnesota, 
Wisconsin, Illinois, Iowa, Missouri, Kansas and Texas, is 
one of the most wonderful agricultural spectacles of the 
globe. It is one of the few facts that are unthinkable. In 
this ocean of land, and nearly its center, stands the imperial 
State of Missouri." No greater compliment could b paid 
the State; yet it is no greater than it richly deserves, it is 
thought that within the next two years there will be 
movements in population from the more populous 
of this country and the European States than has ever been 
known. The Legislature should extend such financial aid 
to our Immigration Board a$ will enable it tq secure a 
respectable share of this immigration. Other States with 
fewer attractions of soil, climate, timber, water, minerals 

12 



354 MESSAGES AND PROCLAMATIONS OF 

and health, have made greater exertions in the past than has 
this State, and have, as a consequence, received large im- 
migration, and are preparing for a still more determined 
effort in the future in the same direction. Missouri should 
be fully prepared for this laudable contest. Having no 
public or railroad lands for sale at government prices, other 
equivalent inducements must be shown to compensate for 
this difference in the value of lands. This is pre-eminently 
an age of contact and rivalry in every department and class 
of business; and alone to the active and vigilant belong the 
victory and its consequent rewards. Missouri has been 
known in the past as the "Robber State." False as that 
charge was and is, let her hereafter be known in the race 
for supremacy as the new, free, peaceable, prosperous 
Missouri, with homes, churches, schools, society and law 
for all. But the watchful and liberal care of this body is 
required to make it the realization of the hopes of the most 
sanguine of our people. 

WILLARD P. HALL, 

Willard P. Hall departed this life at his home in the 
city of St. Joseph, on the 5th day of November, 1882. He 
became Governor of this State upon the death of Gov. 
Gamble in 1864, and so acted from January 31, 1864, to 
January 1, 1865. During his administration he conducted 
the affairs of his office through those turbulent times with 
such marked ability and fairness that he commanded the 
admiration of friend and foe alike. He was not a genius, 
in the common acceptance of the word, but was a man of 
solid ability, of intense application, unquestioned honesty 
and dauntless courage. He filled every station in life to 
which he was called, public and private, with honor. He 
was an honor to his native State, Virginia; and, by his 
superb intellect and splendid life, he honored the State of 
his adoption, and it will preserve his name upon the roll of 
its most illustrious citizens. As he lived, he died "sustained 
and soothed by an unfaltering trust" in the rewards of an 



GOVERNOR THOMAS THEODORE CRITTENDEN. 355 

upright life; so may he rest; "his faults lie gently on him." 
As great as were his virtues as a citizen, greater still were his 
learning and integrity as a lawyer. Life, with him, meant 
work, not dalliance; duty, not pleasure; and that life may 
well be adopted as a model by our rising generation. 

PORTRAITS OF STATE OFFICERS. 

The Legislature should appropriate a sufficient sum of 
money to have the portraits of the ex-Governors and 
Supreme Court Judges painted and placed in their ap- 
propriate places, the appropriation to be expended under 
the direction of the Governor and Chief Justice of the 
Supreme Court. Many of our sister States have made such 
appropriations. Already, through my application, the 
portraits of Governors Price and Hardin have been presented 
to the State, and I am promised portraits of Governors 
Polk and Stewart. This appropriation should not be post- 
poned. The written and unwritten history of the laws 
and progress of the State were largely exemplified in the 
official acts of its Supreme Court Judges and Governors. 

EXECUTIVE MANSION. 

The Executive Mansion was erected in 1872-73. Some 
parts of the building have never been repaired. As a matter 
of economy, and to preserve the building in a condition 
worthy of the State and of the purpose for which it was 
built, and to protect it from immediate decay, it should be 
properly and thoroughly repaired without delay. It should 
be painted inside and outside. The blackened and stained 
condition of the outside of the walls mars the appearance of 
the handsome structure. The plumbing is in a defective 
condition and almost entirely useless, and if not soon wholly 
renovated and reconstructed will render the house unpleasant 
and even unhealthy. The roof requires early atteittion. 
The guttering and spouting are in a disordered condition. 
The lightning rods and iron railings should be repaired .or 
replaced. The permanent tubs in the laundry are so de- 



356 MESSAGES AND PROCLAMATIONS OF 

cayed that they have become useless and offensive* New 
pumps are needed in the cisterns. I urge upon the Legis- 
lature the necessity of giving this matter immediate atten- 
tion. No State has an Executive Mansion superior to it 
in architectural beauty, or better adapted to the purpose 
for which it was so generously erected. I suggest that the 
repairs be made under the direction of the Governor and 
Warden of the Penitentiary. 

IMPROVEMENT OF CAPITOL GROUNDS. 

In the act to appropriate money for the support of the 
State Government for the years 1881 and 1882, approved 
March 24th, 1881, the sum of one thousand dollars was 
appropriated for "repairs of the enclosure around the 
capitol grounds, completing the columns at the entrance 
gates, and keeping the grounds in order, and for making 
stone pavements from the gates to the capitol steps, to be 
expended under the supervision of the Governor." 

Owing to the condition of the walks in the capitol 
grounds, I deemed the construction of the pavements the 
most important item provided for in the appropriation; 
but, upon investigation, I found that owing to scarcity of 
stonecutters in the penitentiary, and the consequent diffi- 
culty and cost of procuring stone, the construction of pave- 
ments of that material was not feasible without the ex- 
penditure of a much larger sum of money than had been 
appropriated for that purpose. 

In view of this, I contracted with J. R. Willis, Warden 
of the Penitentiary, for the construction of a brick pavement 
from each of the entrance gates to the capitol steps. Under 
this contract Mr. Willis has performed the work to my 
entire satisfaction. The materials used in the construction 
of these walks, consisting of a thick layer of macadam as a 
foundation, cement, brick, mortar and stone, for curbing, 
were all of the best. For this work Mr. Willis has drawn 
from the treasury nine hundred and eighty-eight dollars, 
twelve hundred of the amount appropriated having been 



GOVERNOR THOMAS THEODORE CRITTENDEN. 357 

used by the Commissioner of Permanent Seat of Govern- 
ment in planting trees, which amount, in my judgment, is a 
reasonable charge for the materials and labor. I regret 
that the appropriation was insufficient to pay for stone 
pavements, but I did not feel warranted in creating a debt 
for the Legislature to pay hereafter. The appropriation 
was exhausted upon the pavements, and hence no other 
improvements contemplated in the act could be made. A 
substantial stone pavement has been laid from the south 
gate at the eastern entrance, to the Supreme Court build- 
ing, and one across the alley in front of the east gate. No 
appropriation has been made to pay for this work. I 
recommend such an appropriation as will be sufficient to 
complete the walls around the capitol grounds, particularly 
upon the west and river front sides, and pay for cap-stones 
for the gates, and for the stone pavement already laid. 
This should be provided for at once by an adequate ap- 
propriation, as the walls are being seriously damaged in 
their present unfinished condition. 

WATER WORKS. 

Since the Board of Inspectors of the Penitentiary have 
supplied the prison with water works, I think an appropria- 
tion of twenty-five hundred dollars should be made for the 
purpose of supplying the executive mansion and capitol 
building. For that sum water can be supplied to every room 
in both buildings. 

It is said that over one hundred thousand dollars were 
expended in the erection of the mansion. If a fire should 
occur in either of the upper stories there are no adequate 
means at hand with which to encounter the danger. Is it 
economy, is it wise, is it right to thus expose this hand- 
some and costly building to such daily danger when, with 
such .a small outlay, it can be so fully guarded and insured 
agtimst fire? Should a main be laid from the prison to the 
capitol, I am informed that enough water privileges can 
b$ sold, to citizems and the city to almost, if not quite, wholly 



358 MESSAGES AND PROCLAMATIONS OF 

compensate the State for the expenditure. I do not think 
the State should engage in the business of peddling water. 
The Legislature must determine the wisdom of such an 
enterprise. It is proper to state as a strong reason why 
some provisions should be made for supplying the capitol 
and executive mansion with water, that the State has no 
insurance upon either building. 

SWAMP LANDS. 

For swamp lands disposed of by the United States sub- 
sequent to September 28, 1850, and prior to March 3, 1857, 
the State has received during the years 1881 and 1882, 
$20,475.67 cash indemnity and certificates of location 
authorizing the State to locate the quantity of 9,187.93 
acres as land indemnity. 

Under the rules and regulations adopted by the De- 
partment of the Interior for adjusting the swamp land 
indemnity claims due the State, the United States special 
agent is required to make a personal inspection of each tract 
of land for which indemnity is claimed before testimony 
will be received touching the character of the same. 

It is important that the Register of Lands should ac- 
company the United States agent in his examinations for 
the purpose of obtaining witnesses to establish the swampy 
character of the land, and who have knowledge of the land 
extending as nearly to the date of the swampy grant as 
possible. 

The law makes it the duty of the Register of Lands to 
locate all swamp land indemnity certificates from sight or 
personal knowledge of the land. It is also the duty of the 
Register to make all swamp land selections and take proof 
of the swampy character of the same. 

The tract books in the office of the Register of Lands 
show a large cash and land indemnity yet due the State, as 
well as a large amount of swamp and overflowed land to be 
selected and proven up. The Register is the proper officer 
to do this work, and in order that it may be done success- 



GOVERNOR THOMAS THEODORE CRITTENDEN* 359 

fully and promptly I recommend an appropriation for these 
purposes of forty-five hundred dollars for the years 1883 
and 1884. The Register has been industrious and faithful 
in the last two years in attending to these swamp land 
interests of the various counties, and has been instrumental 
in recovering large sums of money to the several counties. 

FISH CULTURE. 

Fish culture is no longer an experiment in this State. 
Under the management of the present board of Fish Com- 
missioners the propagation of fish has proven a great suc- 
cess. The board is inviting persons in every part of the 
State to send for young fish, and our streams will soon be 
well stocked with the most desirable kinds of food fish. 
Every owner of a farm in the State should prepare a pond 
for fish propagation. Such a pond can be prepared for a 
very small sum of money, and after the fish have commenced 
spawning a very small outlay of time and money will 
preserve and protect them. The Fish Commission should 
receive an appropriation of five thousand dollars annually. 
The increase of its work and production demands an in- 
crease of appropriation. When the last appropriation was 
made the board was operating the cold-water hatchery at 
St. Joseph requiring but one superintendent and set of 
operators. It now has an extensive hatchery in Forest 
Park, adjacent to the city of St. Louis, embracing six 
ponds and covering thirteen acres of ground. This compels 
the employment of an additional superintendent and set of 
operators. It has been ascertained, by experiment, the 
cold spring water of the St. Joseph hatchery is not so well 
adapted to the propagation of carp as the creek and pond 
water of Forest Park. The ponds in Forest Park were given 
the board by the city of St. Louis. To operate those large 
ponds, successfully, the board has found it necessary to 
employ an expert in fish culture. He is now receiving a 
salary of but fifty dollars per month, which must be in- 
creased in proportion to the increase and importance of the 



$60 MESSAGES AND PROCLAMATIONS OF 

labor imposed upon him. Under his intelligent care the 
board will have many thousands of young carp to distribute 
during the coining year. This can not be done without an 
increase of expense. The board deems it necessary to 
erfect a small house in the Park, adjacent to the ponds, to 
be used as an office and residence for the superintendent 
and a store-room for their implements. Missouri should 
not be behind her sister States in the cultivation of this 
most healthful and desirable food. The State is too prom- 
inent to be a laggard in anything that contributes to the 
economy and comfort of living of its laboring classes. The 
gentlemen composing the board are men of broad, liberal 
views, who are willing to devote their time to this im- 
portant enterprise if sufficient means are given them to 
make their efforts fruitful and of good results to the State. 
It is a labor of love with them, and the Legislature should 
willingly comply with their request. The report of the 
board will be found full of useful information. 

INSPECTIONS. 

I recommend to the Legislature the amendment of 
articles 1 and 2 of chapter 117, of the Revised Statutes, con- 
cerning the inspection of petroleum oils and tobacco. The 
law governing the inspection of coal or petroleum oils is 
vague and indefinite, and does not properly provide for the 
inspection of such oils, or for the protection of the thousands 
of our people who use such oils for illuminating purposes. 

The office of Tobacco Inspector is one of the most im- 
portant in the State. It is especially important to tobacco 
raisers. The Legislature should investigate the matter 
thoroughly, and so adjust the salary of that office that it 
will command the service of the best talent in the State. 

INTEREST. 

The Legislature should revise the law regulating the 
rate of interest. As the law now stands, six per cent, is 
the legal rate of interest wfasea no higher rate is agreed 



GOVERNOR THOMAS THEODORE CftrFFBNDEN. 361 

upon; while, by contract, it may be ten per cent., but shall 
not exceed that rate. If the Legislature should establish 
six per cent, as a maximum rate to be contracted for, it 
would receive the sanction of the people of Missouri. Money 
is worth no more than that at the present time, by the coun- 
tenance of healthy trade, and our statutes should not con- 
travene such a natural law. If this change of the rate of 
interest were made, and the law regulating it properly en- 
forced, I believe it would benefit all classes. 

DEPOSITIONS. 

Your attention is called to the necessity for a radical 
reform of the law governing the taking of depositions. 
Such abuses have grown up under our present system that I 
need only call your attention to the subject, and your 
observation and experience will suggest the remedy for the 
evil. As the law now stands, it is frequently taken advan- 
tage of by the unscrupulous and malevolent and is converted 
into an engine to destroy character r extort blackmail. 
All this can be remedied by the adoption of proper amend- 
ments, and I trust that you will give the subject that earnest 
consideration which its importance merits. 

SALARIES OF COUNTY OFFICERS. 

I earnestly invite your attention to the necessity for 
a revision of the law governing the salaries of county officers. 
From extravagance im these salaries a few years simce, we 
have gone to the opposite extremes of stinginess., and the 
salaries of many of the officers have been so reduced as to 
afford but a meager subsistence to their occupa&t^ while 
the pay of deputy hire has been so restricted, beginning 
with this year, that I fear serious inconvenience in the 
transaction of public business in consequence of it. The 
people are willing to <$eal justly in these matters, and you 
should thoroughly investigate the question, "Niggardliness 
in sBch matters, is not good husbandry," 



362 MESSAGES AND PROCLAMATIONS OF 



LABOR. 

I especially call the attention of the Legislature to the 
Fourth Annual Report of the Bureau of Labor Statistics. 
It is worthy of careful consideration and study. It suggests 
some evils in certain classes of occupations, which, under 
the police power of this State, this body has the right and 
should remedy. The State should require every reasonable 
safeguard to be thrown around the employes in the various 
manufacturing, mercantile and other establishments in 
which there are large numbers of persons at work. Accidents 
in such places are liable to occur at any moment. The 
dangers can be mitigated, if not entirely obviated, by pre- 
caution. The Commissioner reports that the street car 
employes conductors and drivers, are compelled to work 
from twelve to seventeen hours per day. This, in the lan- 
guage of the commissioner, "imperatively calls for Legis- 
lative interference." "It is against the welfare of society, 
offensive to morals, a gross abuse to require men to permit 
them to engage themselves in such slavery." Those 
employes are virtually deprived of all domestic associations 
and opportunities for physical, moral or mental improve- 
ment. It is not in the interest of the State to permit such 
demands to be made upon any class of its citizens. It is a 
compulsory labor, and against the sentiments of the law 
and the instincts of humanity, and should be remedied. 

PRIVATE PROPERTY PUBLIC USE. 

I desire to call the attention of the General Assembly 
to two sections of the Statutes which appear to be in direct 
conflict with the Constitution. 

Section 4, article 12 of the Constitution provides 
* * * * the right of trial by jury, shall be held violate 
in all trials of claims for compensation, when in the exercise 
of said right of eminent domain any incorporated company, 
shall be interested, for or against the exercise of said right. 

By sections 894-896 Revised Statutes, the court 
in all such cases is specifically commanded to appoint 



GOVERNOR THOMAS THEODORE CRITTENDEN. 363 

"three disinterested commissioners" in the first instance* 
and the parties are postponed in their constitutional right 
to a jury until after the report of the commissioners, and 
exceptions thereto sustained. Now, while this method 
does not absolutely deny the jury trial, it does subject it 
to conditions, delays and contingencies which should 
never be interposed against a constitutional right. No 
intermediate tribunal should exist in the face of this con- 
stitutional prohibition. The rights of private property should 
be protected against any unusual invasion or disturbance. 

CONCLUSION. 

Reposing confidence in you as representatives of the 
people, and believing that you will do nothing that will 
militate against the prosperity of this great commonwealth, 
I greet you in the sovereign name of those people, and wel- 
come you to this capital with the earnest assurance of my 
hearty co-operation with you in all measures tending to 
further security of the happiness and protection of the 
people and the financial prosperity of our State. Nothing 
will so perpetuate the history of this General Assembly as 
the well directed liberality and justice which shall character- 
ize your legislation, when it arises above the prejudices and 
partisanship of the past, and looks forward to the proud 
position Missouri must occupy in the confederation of 
States. 

Very respectfully, 

THOS. T. CRITTENDEN. 



364 MESSAGES AND PROCLAMATIONS OF 



SECOND BIENNIAL MESSAGE 

JANUARY 7, 1885 
From The Journal of the Senate, 1885, pp, 1&-71 



Gentlemen of the Senate and House of Representatives: 

I am called by the constitution to lay before you for 
the last time a summary of the condition of the State. 
While there is safety in a multitude of legislators assembled 
from the various districts of the State, who are honestly 
seeking wise legislation and the prosperity of the State, 
still it is the duty of all to look for that divine guidance, 
without which the devices and wisdom of man are as dust 
in the balance. Permit me to congratulate you upon the 
peaceable condition of our whole country; upon the happy 
solution of the political troubles which disturbed the usual 
quietude of the land for a short time, and upon the great 
prosperity of the State. Health and prosperity have 
signally blessed the State for the last four years. Those 
years have brought in the richest harvests that were ever 
garnered. Our vast State has grown more rapidly in 
population, wealth and prominence, from natural causes, 
than during any preceding corresponding period of time, 
and to-day the State is alive with stirring enterprises and 
well founded faexpes of increased activity. 

Our taxes for State purposes, and generally for local 
purposes, are light, and should become more so, if honesty 
and discretion are rightfully exercised. Under liberal 
laws enacted for all, in the line of progress, without regard 
to the prejudices of the past or present, and with a wise 
administration of public affairs, the State will continue to 
advance towards that eminent position among the sister- 
hood of States, for which it is so well adapted, and is so 
certain to attain, sooner or later. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 365 

The governing idea of this administration has been to 
preserve and protect the credit of this State. Subordinat- 
ing, to a certain extent, all other administrative views in 
the accomplishment of that end, and holding "that the 
central pillar that upholds good government, in any country, 
must be a good financial system, honestly and economically 
administered." 



STATE TREASURY. 

The finances of the State have never been more judi- 
ciously managed than within the last four years, which is 
evidenced by the high credit of the State at the present time. 
No matured obligations of the State, excepting those of a 
class of bonds known as the Hannibal & St. Joseph bonds, 
of which I shall speak hereafter, remain unhonored: and, 
as said in my previous message, not a warrant of the State 
is outstanding. The Bank of Commerce of St. Louis con- 
tinues to receive the public deposits of the State, it paying 
monthly the highest compensation on the ave-rage daily 
balances, as required by the statutes. No other bank in 
the State offers, nor has offered, as great a bonus for the 
money. The money deposited in that bank is so absolutely 
secured by United States and Missouri State bonds pledged 
as security, in excess of the deposits, that if the depository 
should meet with severe reverses the State would be sub- 
jected to no loss of money, and only delayed ten days in the 
collection of its deposits. The National Bank of Com- 
merce, of New York, is the trustee in charge of the hypoth- 
ecated bonds. Both of these banks have attended to the 
business of the State with promptness and great fidelity, 
at times being the channels through wtucih millions of dollars 
have passed belonging to ths State. The accompanying 
tables show the amounts of deposits monthly in the Bank of 
Commerce of St. Louis, how secured, and the interest paid 
monthly to tlie State on deposits: 



366 



MESSAGES AND PROCLAMATIONS OF 











Interest 




Cash in 


Bank of 


Bonds 


rec'd on 




Vault. 


Commerce. 


held. 


Deposits. 


January 1, 1883 


$11,111 29 


$849,352 26 


$870,000 00 


$770.84 


February " 


22,714 49 


1,574,415 39 


1,674,000 00 


957.34 


March ' ' 


38,593 88 


1,840,005 34 


1,884,000 00 


1,189.04 


April 


85,156 23 


1,974,566 09 


1,894,000 00 


971.76 


May 


10,542 37 


1,332,412 42 


1,284,000 00 


709.07 


June 


12,244 93 


833,791 09 


840,000 00 


373.27 


July 


12,182 09 


494,766 70 


600,000 00 


341.46 


August " 


9,914 31 


588,810 67 


600,000 00 


416.31 


September " 


12,001 16 


673,279 48 


720,000 00 


408.63 


October " 


12,874 33 


680,423 95 


720,000 00 


405.64 


November " 


13,131 38 


664,338 98 


720,000 00 


439.92 


December " 


10,468 59 


788,180 31 


840,000 00 


535.86 


January 1, 1884 


11,312 00 


1,001,016 32 


988,000 00 


844.17 


February " 


10,552 61 


1,762,850 27 


1,875,000 00 


1,124.36 


March 


9,753 17 


2,053,654 23 


2,200,000 00 


1,243.01 


April 


13,435 63 


1,844,014 72 


1,825,000 00 


1,099.55 


May 


16,281 85 


1,728,420 12 


1,700,000 00 


1,062.62 


June 


18,761 50 


1,552,488 56 


1,559,000 00 


860.67 


July 


11,294 48 


1,242,500 57 


1,254,500 00 


721.77 


August " 


11,845 70 


1,081,347 93 


1,075,000 00 


697.82 


September " 


11,509 37 


1,092,711 09 


1,135,000 00 


668.41 


October 


11,476 82 


1,110,398 42 


1,135,000 00 


673.57 


November " 


11,213 56 


1,084,735 50 


1,135,000 00 


676.98 


December " 


11,817 98 


1,152,122 31 


1,197,700 00 


780.17 


January 1, 1885 


11,696 82 


1,402,198 55 


1,500,000 00 




Total amount 










of interest 










p a i d i n 










1883 and 










1884 








$17,972.24 













The interest received by the State upon its deposits 
since this administration came into power is $52,633.37. 
This result shows the wisdom of the present law upon this 
subject. 

I refer with pride, as a Missourian, and especially 
as the Executive, to the financial management of the State 
for the last four years, fully believing that it will compare 
favorably with any previous administration, and will firmly 



GOVERNOR THOMAS THEODORE CRITTENDEN. 367 

anchor the State in the confidence of the business world. 
No step has been taken by the Treasurer or the Fund Com- 
missioners which has not elevated the credit of the State, 
and given it a firmer hold upon the stock markets of the 
world. I call your attention to the accompanying letter 
from the cashier of the Bank of Commerce of New York. 

This bank has been the fiscal agent of Missouri for a 
quarter of a century. 

National Bank of Commerce,) 
New York, December 8, 1884. J 

Honor ables, the Governor, State Auditor and Attorney General, Fund 
Commissioners, State of Missouri: 

Gentlemen We have received with pleasure the letter of State Auditor 
Walker expressing the approval of the Fund Commissioners of the man- 
ner in which this bank has performed its duty, in the large transactions 
with the financial department of your State; and, while assuring you 
of our gratification at the thorough business methods which have charac- 
terized all the operations of the Fund Commissioners, we would take the 
opportunity to congratulate you upon the result of your administration 
as shown in the solid and satisfactory condition of the S.tate's finances. 

Yours very respectfully, 

W. W. SHERMAN, Cashier. 

Wise constitutional and legislative enactments and 
rigid honesty upon the part of the officers of the counties and 
State, have placed the credit of the State in the advanced 
rank of the foremost States. United States 4 per cent, 
bonds are now selling in the stock exchanges at 1 20-100, 
which price yields the investor 2 75-100 per cent, interest 
per annum. 

Missouri 6 per cent, eleven year bonds, the longest 
bonds now outstanding, sell readily at 1 30, yielding the 
investor 3 per cent, per annum, showing a difference in the 
value of the two securities of only one-fourth of one per 
cent, per annum. These figures show the credit of the 
government to be on a 2 3-4 per cent, basis and Missouri 
on a 3 per cent, basis. The former bonds are non-taxable, 
those of this State are, which may account for the fractional 
difference. This high standing of the State is not the result 
of any one administration, of any one spasmodic effort, 



368 



MESSAGES AND PROCLAMATIONS OF 



but is the outgrowth of that regular and natural progress of 
growth, which will alone, in governmental, as well as in- 
dividual affairs, "secure solidity and stability in structure." 



REVENUE. 

Having touched upon the Treasury Department, I 
now call your attention to those facts which can only be 
supplied from the Auditor's office. The following tables 
show the increase in valuation in real and personal property 
since the 10th of January, 1881, to January 1, 1884, no 
assessment having been made in 1884. Under the law, as- 
sessments upon all taxable property, except merchandise, 
shall be made between the first days of June and January, 
and the valuation is placed upon it the first day of June. 
The taxes upon this assessment are collected the following 
fall over a year after the assessment is made. 



1881. 
Real estate 


$406 104,4-26 00 


Personal property 


163 265 359 00 


Railroad companies 


30 309,878 85 


Bridges 


1 695 000 00 


Telegraph companies 


348 219 90 






Total 


601 722 883 75 


1882. 
Real estate 


$442 826 742 00 


Personal property 


170 813 976 00 


Railroad companies 


33 373 739 46 


Telegraph companies 


342 785 40 


Bridges 


1 910 000 00 






Total 


$649 267 242 86 







Aggregate statement of the assessed valuation of 
property for the taxes of 1883 and 1884: 



GOVERNOR THOMAS THEODORE CRITTENDEN. 



369 





Valuation for 
taxes of 1883. 


Valuation for 
taxes of 1884. 


Assessed valuation 

j 11 



of real estate . . 
" personal 
property 
" railroad 
property 
" bridge prop- 
Art v 


$443,144,455 00 
173,345,191 00 
36,871,955 79 
2,425,000 00 
463,812 89 


$496,730,663 00 
187,145,751 00 
38,380,316 98 
3,000,000 00 
518,528 47 


" " " telegraph, 
property. . 

Aggregate assessments for taxes of 
1883 and 1884' 


$656,250,414 68 


$725,775,259 45 



PUBLIC DEBT STATEMENT. 
BONDED DEBT JANUARY 1, 1883. 



State bonds outstanding 

School certificates of indebtedness 

Certificate of indebtedness for seminary fund . 

Total debt January 1, 1883 



$13,947,00 

2,909,000 

122,000 



$16,978,000 



In 1883 and 1884, State bonds were redeemed and pur- 
chased aggregating $2,144,000. 

During these two years the State interest-bearing debt 
was increased by reason of certificates having been issued to 
the School and Seminary Funds as follows: 



For the State School Fund 

For the benefit of the State University. 



$22,000 
387,000 



$409,000 



Deducting certificates issued from bonds redeemed and 
purchased, the actual reduction of the interest bearing debt 



370 MESSAGES AND PROCLAMATIONS OF 

in 1883 and 1884 was $1,735,000, leaving the debt January 
1, 1885, as follows: 



State bonds outstanding.. 
School f und. certificates. . . 
University certificates 



Total interest-bearing debt January 1, 1885.. 



$11,803,000 

2,931,000 

509,000 



$15,243,000 



The above statement includes bonds issued to the 
Hannibal & St. Joseph Railroad Company. 

The annual interest on the public debt, as it existed 
January 1, 1883, amounted to $1,018,680. 

As it now exists, the annual interest amounts to $910,- 
490. 

The annual interest on the bonded debt, as it now exists, 
is $708, 180. On the certificates in the School and Seminary 
Funds the annual interest amounts to $202,310. 

These tables show an increase in valuation in 1882 over 

1881 of $47,544,369.11. In my former message to the 
legislature this language was used: "If the rate of increase 
in values is as great for 1883 as 1882, I think the valuation 
will exceed $700,000,000." It exceeded my anticipation. 
It is $725,775,259.45, an actual increase of 1883 over that of 

1882 of $76,508,016.59, an increase of $122,052,385.70 in 
values for the years 1881, 1882, 1883. This rapid increase 
in values must soon secure a reduction of taxation, the 
desideratum of all good government. Under the constitu- 
tion, the rate of State tax cannot exceed forty cents on the 
$100 valuation. Section 8 of Article 10 of the Constitu- 
tion reads as follows: "The State tax on property, ex- 
clusive of the tax necessary to pay the bonded debt of the 
State, shall not exceed twenty cents on the hundred dollars 
valuation; and whenever the taxable property of the State 
shall amount to $900,000,000, the rate shall not exceed 
fifteen cents." If the large number of bonds, notes and 
other evidences of debt, now held in concealment within 
and without this State by its citizens, were honestly given 



GOVERNOR THOMAS THEODORE CRITTENDEN. 371 

in to the assessors, that amount would be largely exceeded 
at the present time. If, in the wisdom of this legislature, 
the expenditures of the public money should be carefully 
guarded, and made only in the reduction of the existing 
State debt, in the preservation and enlargement of its 
various institutions of learning, and to carry on the neces- 
sary expenses of the State, then in my opinion we may 
begin to look to an early day, when the reduction of taxa- 
tion may be had I hope before the next general assessment 
of property is made, which will be in two years from this 
date. 

PUBLIC DEBT. 

The public debt has been reduced during this adminis- 
tration as follows: 



In 1881 .... 


$252,000 00 


In 1882 . . . . . ... 


460,000 00 






Total . . . ... 


$712,000 00 







If to this sum is added the $250,000 renewal revenue 
bonds also paid in 1881, issued under the act of May 9, 
1879, will make the aggregate reduction of $962,000 of the 
liabilities of the State, within those two years. 

This large sum of interest annually paid on the bonded 
debt of the State is a heavy-draft on the energies and in- 
dustries of our people, and should be reduced as rapidly 
as possible by the reduction of the debt. This can only be 
accomplished by severe economy in the appropriations of 
your respective bodies. I do not suggest parsimony, 
which, if carried to too great an extent, is as productive an 
evil as profligacy, but that judicious economy which is 
impressed with enlightened statesmanship and a proper 
conception of the destiny of our prosperous State. 

Not having been supplied with the necessary data, I 
am not able to make a definite estimate of the amount of 
money necessary to be raised by taxation for carrying on the 



372 MESSAGES AND PROCLAMATIONS OF 

State government for the years 1885 and 1886. I think the 
amount will approximate $2,500,000, which will not material- 
ly differ from that of 1883 and 1884. The increased popula- 
tion of the State, with the necessarily increased demands 
upon its resources, may increase that sum a few thousand 
dollars. 

The following table shows the receipts from all sources, 
with the disbursements, transfers and balances for the year 
ending December 31, 1884: 



January 1 T 1883 


$860,463 55 


Receipts and transfers, 1883 


4,604,717 26 






Total 


$5,465,180 81 


Disbursements and transfers, 1883 


4,452,852 49 






January 1, 1884, balance 


$1,012,328 32 


Receipts and transfers, 1884 


4,300,542 77 






Total 


5,312,871 09 


Disbursements and transfers, 1884 


3,898,975 72 






Balance, January 1, 1885 


$1,413 895 37 







The revenue laws of this State are not perfect by any 
means. It is especially defective in that part governing 
assessments. I think that office should be a salaried one, 
commanding better pay and better talent. I call the atten- 
tion of this bo>dy to a letter of especial merit from Tandy 
H. Trice, collector of Buchanafi county, in reference to the 
defective points in the revenue law. It is now in the hands 
of the State Auditor, and will be laid by him before the Com- 
mittee on Ways and Means. An efficient revenue law is 
the source of much strength to the State; a bad one of cor- 
responding and vexatious weakness. Since I have occupied 
the executive office, my official intercourse with the Auditor's 
office has befen pieasamt and instructive; finding the Auditor 
ready at all tim&s to give m$ desired ^formation and valu- 
able aid in the interest of the State. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 



373 



FUNDING THE PUBLIC 

The bonded debt of the State now amounts to $11,- 
803,000, and matures as follows: 



1885 


$3 000 


1886 


2 129 000 


1887 


3 720 000 


1888 


3 937 000 


1889 


747 000 


1890 


220 000 


1892 


185 000 


1894 


743 000 


1895 


565 000 


1896 


543 000 


1897 


11,000 






Total 


$11 803 000 







Of this sum this General Assembly must provide for the 
payment or funding of the following portions which mature 
before the Thirty-Fourth General Assembly shall convene: 



1885 


$3,000 


1886 


2,129,000 


1887 


3,720,000 






Total 


$5,852,000 







There will be in the treasury on the 1st day of January, 
1885, $1,413,895.37; of this sum $1,200,000 can be safely 
used in a further reduction of the debt, leaving upon that 
calculation an existing debt of $932*000 ta be provided in 
1885 and 1886. I think the incomimg revenues during the 
year 1885 will meet that sum, leaving only the bonded debt 
maturing in 18,87 to be provided for in some way. To be 
prepared for any emergency tha$t may arise, I suggest that 
such legislation be had as will provide for the whole of the 
debt maturing in 18&6 and 1887. If the revenues of 1885 
are sufficient to defray the expenses of the State government 



374 MESSAGES AND PROCLAMATIONS OF 

during the year, and a sufficient surplus be left to pay the 
sum maturing in 1886, then such legislation can do no harm. 
The State should be subjected to no hazards. 

I think the State will have no difficulty in refunding that 
portion of its debt that matures in 1886-87 at a lower rate of 
interest than it is now paying, and the bonds will be readily 
sought at a premium. This is the tribute that the financial 
world pays to the "uniformly economical and careful ad- 
ministration of the affairs of the State." 

No arbitrary prices can now be fixed by this body at 
which to fund the debt. It will be wise to leave it, to a 
large extent, to the discretion of the Fund Commissioners, 
only restricting the limit of the bond to twenty years, pay- 
able after five years, and not to bear a higher interest than 
four per cent. The terms and the conditions under which 
we are called upon to provide for these maturing bonds are 
quite favorable. Our debt has been rapidly reduced during 
the last ten years, while the revenues of the State are being 
constantly increased, and its capacities steadily developed. 
The organic law of the State places such an insurmountable 
safeguard around its debt and credit that no evasions can 
be made, by even the most adroit of its iron rules and sac-red 
determination. These considerations place our bonds in 
high estimation upon the stock boards of our country. 

SINKING FUND. 

There was appropriated by the last General Assembly 
$900,000 for the redemption and purchase of the bonds of 
the State. It is regretted that a larger sum had not been 
appropriated, as it could have been wisely used by the Fund 
Commissioners. As it is, a large sum was left idle in the 
treasury for many months, which could have been used for 
the redemption and purchase of interest-bearing bonds. 
Hereafter such errors should be avoided. If the money is 
not demanded in the interest of the State and for the special 
purpose for which appropriated, the mere act of appropria- 
tion will do no harm. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 375 



HANNIBAL & ST. JOSEPH RAILROAD CASE. 

In my last message to the legislature the controversy 
between the State and the railroad was fully presented up to 
the status then reached in the litigation. I now continue 
its history: After the United States Court refused to en- 
join me from selling the road and appurtenances for delin- 
quent interest upon the matured coupons, the road, or 
certain trustees, paid that installment of interest, and then 
amended its bill in equity, praying the relief as asked for in 
a former bill, and in case that should be denied, asking the 
alternative relief of a repayment of the $3,000,000. On the 
final hearing of this bill at Keokuk, Iowa, by Judge Mc- 
Crary, an interlocutory decretal order was made, prescrib- 
ing legal rules by which the amount due by the company to 
the State might be ascertained, and referring the whole 
matter to a Master in Chancery, Hon. John K. Cravens, of 
Kansas City, with directions to take an account thereof and 
report the same to the court, 

A great deal of testimony was taken on the subject of 
the accounting between the State and the railroad, and the 
matter was thoroughly argued twice before the finding of 
the Master, after which the Master prepared his report 
showing the balance due the State on said accounting, 
January 1, 1883, to be $549,083.58. On the 1st day of 
February, 1883, the Master having notified the parties that 
the draft of his report was ready for examination, the parties 
appeared and the solicitors for the complainants asked that 
they be permitted to introduce as evidence the report of the 
State Auditor to the Thirty-second General Assembly of 
the State of Missouri as newly discovered evidence, which 
was permitted against our objections. The complainant's 
counsel filed many objections to the report, which were 
thoroughly argued by both sides. The objections were 
overruled, and the Master, on the 15th day of March, 
signed his report, showing that the State was entitled, on 
January 1, 1883, to $549,083.58, with interest. The find- 
ing of the Master was a substantial victory for the State. 



376, MESSAGES AND PROCLAMATIONS OF 

Exceptions to this report were filed in court by counsel, 
bqth for the State and the complainant, which exceptions 
were, on April 25* 18S3, argued before Judges Krekel and 
McCrary, in Jefferson City, by Attorney-General Mcln- 
tyre, Hon. John B. Henderson and George H. Shields, for 
the State, and by Judge Dillon, Mr. Root and Mr. Easley, 
for the complainant. This argument was exhaustive, 
going over the entire case and resulted in a modified final 
decree for the State, and finding that the State was entitled 
to receive from the Hannibal & St. Joseph Railroad Com- 
pany on May 11, 1883, $476,049.27, with interest at the 
rate of three per cent per annum till paid. Both parties 
took appeals from the judgment to the United States Su- 
preme Court. The United States Circuit Court, on Septem- 
ber 16, 1882, in its interlocutory order, had enjoined the 
sale of the railroad by the Governor until the final judgment 
in the case upon the further payment of $90,000 on or before 
October 4, 1882, into the State Treasury, which was paid 
Octobers, 1882. 

It will thus be seen that in addition to the $3,090,000 
originally paid by the railroad company to the State, and 
which was claimed by the railroad to be all that was due 
to the State on account of the Hannibal and St. Joseph 
Railroad Aid Bonds, that the litigation has so far resulted 
in a judgment in favor of the State for $566,049.27 more, 
$90,000 of which has already been paid into the State 
Treasury,, and for the balance of which, to wit, $476,049.27, 
the State has a lien upon the property of the railroad com- 
pany if the judgment of the United States Circuit Court 
should be affirmed by the Supreme Court of the United 
States. In the ordinary course of business this case will 
probably be reached in the United States Supreme Court 
some time in 1886 or 1887, but it is hoped that the case 
may be advanced and hfcard some time during the year 
1885. 

The last Legislature appropriated 110,000 to pay, as a 
retainer or partial pay, the employed counsel of the State, 
Glover < Shepley and Henderson & Shields. With pro*- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 377 

found regret I announce that Messrs Glover & Sfaepiey 
have both died since the case was last argued and decided 
at Jefferson City. 

Mr. Glover performed the labor of the firm in this case, 
and did it with singular earnestness and ability, command- 
ing the respect of both the court and his associate counsel, 
in the management of this great cause. Henderson & 
Shields are still retained by the State in the controversy. 
I suggest that the Legislature make another appropria- 
tion to compensate the counsel for their services in the case 
up to its final determination in the Supreme Court of the 
United States. It is confidently believed that the judgment 
of the United States Circuit Court will be affirmed by the 
Supreme Court, or that if a modification of the judgment is 
made, that it will be in favor of the State,, in allowing a still 
greater sum. 

As D. H. Mclntyre will soon retire from the office of 
Attorney-General, I suggest that the Legislature make a 
sufficient appropriation to continue him in this important 
case. Having been one of the Fund Commissioners f the 
State from the inception of the controversy* and the lead- 
ing law officer in the management of the litigation in behalf 
of the State, and having served the State in this behalf with 
unswerving fidelity and marked ability, he is necessarily 
more thoroughly acquainted with the intricacies and salient 
points involved in the litigation than it is possible for his 
successor to become in the short time intervening between 
this and the hearing of the case by the Supreme Court. 

The State could make no wiser investment of its money. 
The increased premium upon the United States bonds pur- 
chased with the $3,000,000 paid by the trustees of the 
Hannibal & St. Joe R. R. Co., has been more than sufficient 
to defray the expenses of litigation upon the part of the 
State. My official connection with this important case 
being now severed, I sincerely trust the State will suffer no 
harm in its final determination. 

I recommend that the State take steps at once towards 
the payment of the ovi&r-due coupons on the Hannibal & 



378 MESSAGES AND PROCLAMATIONS OF 

St. Joe bonds, and the payment of interest on the same at 
such a percentage as may seem wise to the Legislature. I 
think the State has arrived at that stage in the controversy, 
when it is no longer just and honorable to delay the recogni- 
tion of those demands. Such an act will uphold the credit 
of the State. The issue between the State and the road 
cannot be affected by their adjustment. This suggestion 
is made with the sanction of the other Fund Commissioners 
and the State Treasurer. 

RAILROADS. 

Missouri is keeping pace with her sister States in the 
construction of railroads. It is yet one of the "new states," 
which has offered and is still offering inviting fields for such 
enterprises. Nothing has done more towards developing 
the State and bringing it into public admiration than the 
various lines of railroad penetrating the different sections 
of the state. Many look upon a railroad with distrust and 
aversion, almost placing it in the catalogue of public robbers. 
Strange as it may appear, this opinion is formed after having 
sought its construction and even after having voted county 
subsidies to further the project. A railroad is built and 
run for two purposes: to make money for its owners and to 
accommodate the people. They are not built as playthings 
for the boys nor as subjects of demagoguery for the average 
politician. It has been well said that in conducting the 
business of a railroad it is well nigh impossible to suit every 
community and every individual. The trouble is, each 
community and individual wants the railroad operated for 
his or its special convenience. Of course it is impossible 
to do this. Then what should be done? How should these 
great enterprises be managed? To what extent should 
Congress or the States undertake to govern them? These 
are no idle questions. To-day the answer to them is puzzling 
professional railroad men and statesmen of the deepest 
thought. It is impossible for the legislator of one day, of 
one session, or even of one year, to comprehend these great 



GOVERNOR THOMAS THEODORE CRITTENDEN. 379 

questions and evolve from them relief to both the roads and 
the people. I believe the created is always subject to the 
creator; that at no time can it infringe upon popular rights, 
disregard the inherent power of the people of the State 
that of self-defense which can never be legislated away 
nor surrendered; which principle has been clearly enunciated 
by the Supreme Court of the United States in what is known 
as the Granger cases. It is one thing to have such rights 
reserved and sustained by judicial decisions, and another of 
equal importance to exercise those rights. If there is an 
evil in the growth and assumed power of great corporations, 
there is an equal evil in oppressive and empirical legisla- 
tion. Recurring to the first question, how to manage these 
great enterprises, common sense suggests but one leading 
answer, to wit: in such a way as for them to accommodate 
the greatest number at the lowest reasonable rates; and, 
upon the other hand, for that number to give the same con- 
sideration to the capital invested in them as if it were in- 
vested in houses, lands and merchandise, and not seek to 
destroy it by unjust legislation and the decisions of partisan 
courts. Railroads are entitled to the same rights and pro- 
tection as other property no more, no less, and no one 
should complain at such a law and such decisions. If the 
law is wrong, then, as Gov. Sherman says, amend it, for 
there should be no distinctions among the people. If not 
wrong, let us cease from inveighing against the roads, and 
resolutely work for the interests of the people, for the 
interests of the State and the interests of the roads. The 
second question is, to what extent should Congress or the 
States undertake to govern them? I answer, by as little 
legislation as possible, and that upon vital points. Rail- 
road managers and the people are not necessarily in antago- 
nism to each other. Wherever a railroad goes we see addi- 
tional value given to the land and a new value given to the 
products of the land. Transportation is one process of 
manipulation which transforms the products of the wheat 
fields into bread, life and happiness for the hungry thousands 
elsewhere. Let us not forget this important fact, and we 



380 MESSAGES AND PROCLAMATIONS OF 

will find our opposition to railroads gradually diminishing. 
As said by a thoughtful writer: "Gradually the railroad 
managers have reached a better understanding of the fact 
that the prosperity of their corporations and the growth of 
their properties were indissolubly linked with the growth 
and prosperity of the community from which they must 
derive all their business. This view is clearest among those 
managers who have control of the most diversified interests, 
among those whose lines stretch through different States and 
supply different communities." 

Railroads are common carriers and are entitled to 
receive a just compensation for their labor. What is just 
compensation to one road would not be to another. No Con- 
gress, no Legislature, can prescribe, by its own acts, nor by 
or through a Board of Commissioners, an inflexible rule or 
rate of fares and freight applicable, at all times, and to all 
railroads, which would not build up one road and at the 
same time destroy another. Many causes forbid such an 
iron rule. Commercial depressions, bad harvests, meteor- 
ological emergencies, manifold reasons beyond the power of 
human control or foresight, may, in a few months, reduce 
the demand for transportation to the minimum, where the 
tariff which yielded a fair profit, when there was more freight 
to be moved, would not yield any profit at all under those 
adverse circumstances. Legislators might as wisely under- 
take to fix the price of corn for the farmers for a series of 
seasons or years. The minimum rate one season might be 
more than the maximum the following season. Business 
and competition are the true regulating forces in transporta- 
tion, more potential than legislative acts, and more wisely 
applicable to all conditions. No fixed rule can be adopted 
in regard to freight and passenger rates. As a rule, the 
rates of to-day are less than the rates of one year ago. 
As science and skill in railroad business secure lower rates 
of operating expenses, so they at the same time secure lower 
rates in freight and passenger transportation. The rates 
in existence in Missouri ten years ago would be considered 



GOVERNOR THOMAS THEODORE CIUTTENDEN. 



381 



inequitable at the present time, by the managers of the 
roads, and would not be submitted to by the people. To 
show you what progress has been made in such reductions, 
I append a table relating to the business of the main line of 
the Pennsylvania Central Railroad. This presents a com- 
parative idea of such reductions on all the lines. 

There are very few persons who have any conception of 
the rapidity with which the rates of transportation have 
been reduced in this country since the close of the late civil 
war. The following table, confined to the business of the 
main line of the Pennsylvania Railroad between Philadelphia 
and Pittsburg, gives some information on this subject, and 
the figures are authentic. It shows, for each year since 
1865, the number of tons of freight moved one mile, the 
rates per ton per mile, and the amount of reduction in 
any given year, computed on the difference between the 
rate in that year aad the rate charged in 1865: 



Years. 


Total tons, 
one 
mile. 


Average 
rate 
per ton 
per 
mile. 


Amount of 
reduetian 
each year, 
computed on 
rate of 1865. 


1865 


420,060,260 


2.665 




1866 


513,102,181 


2.282 


$1,965,181.35 


1867 


565,657,813 


2.092 


3,241,219.27 


1868 


675,775,560 


1.906 


5,129,136.50 


1869 


752,711,312 


1.718 


7,128,176.12 


1870 


825,979,692 


1.549 


9, 217 ,33. 38 


1871 


1,011,892,207 


1 . 389 


12,911,744.56 


1872 


1,190,144,036 


1.416 


14,864,S99.01 


1873 


1,384,831,970 


1.416 


17,296,551.31 


1874 


1,372,566,976 


1.255 


19,353,194.36 


1875 


1,479,414,466 


1.058 


23,774,190.47 


1876 


1,629,742,021 


0,892 


28,895,326.03 


1877 


1,494,798,198 


0.980 


25,187,349.64 


1878 


1,732,003,131 


0.918 


30,258,094.70 


187$ 


2,136,708,887 


0.796 


39,935,Q88-.&1 


1880 , .... 


2,298,317,323 


0.880 


' 41,684&e4.22 



382 



MESSAGES AND PROCLAMATIONS OF 







Average 


Amount of 






rate 


reduction 




Total tons, 


per ton 


each, year, 


Years. 


one 


per 


computed on 




mile. 


mile. 


rate of 1865. 


1881 


2,655,438,764 


0.799 


$49,550,487.34 


1882 


2,879,542,701 


0.817 


53,213,949.11 










Total reduction for 














$382,947,486.26 











From the above statement it will be seen that in the 
year 1882 the average charge for carrying freight over the 
Pennsylvania road has been brought down to less than one 
per cent, per mile, while the reduction in cost of carriage as 
compared with the rates charged in 1865 was over $50,- 
000,000! The whole saving in seventeen years on this 
single line to the producers, whose commodities have been 
transported back and forth, in consequence of the yearly 
reduction of rates, has been the enormous sum of $382,- 
947,486. The greatest stickler for cheap transportation or 
the most ardent advocate of anti-discrimination, if he had 
been allowed in 1865 to mark down the price of transporta- 
tion to suit his fancy, would not have ventured to reduce it 
$1,000,000 per year. But the railroad company, impelled 
by no other consideration than the natural laws which 
govern all trade and traffic, has reduced the comparative 
cost of transportation on its main line for the last seventeen 
years at an average rate of over $20,000,000 per year. The 
vast reduction can be looked at in no other light than a 
saving to the pockets of the people of this country. The 
cost of transportation is an element in the cost of all produc- 
tion. In proportion as transportation is cheapened, the 
producer and the consumer are both benefited. A very 
large share of the benefit arising from the reduced rates on 
the Pennsylvania Railroad has gone into the pockets of the 
people of Pennsylvania. It is a question which legislatures 



GOVERNOR THOMAS THEODORE CRITTENDEN. 



383 



should very narrowly consider when they undertake to 
make new rules for regulating a business of such vast pro- 
portions. If they confine themselves to enacting laws which 
compel transportation companies to make like charges for 
like service rendered, they have gone as far as it is passible 
to go in legislating laws against freight discriminations 
without working great injury. It is to the interest of every- 
body that the railroad companies should remain as they now 
are, masters of the rates of transportation. They cannot 
do business without discrimination. Uniform rates, if they 
could be established, would put an end to the business of 
every trunk line in the country in thirty days by breaking 
up the system of through freights. The people cannot 
afford any such folly. 

I also call your attention to other tables on through 
freights : 



MICHIGAN. 





Kate per 
ton per 
mile. 


1874 


1.32 cen 
1.20 
0.982 
1.332 
1.053 
0.92 
0.86 
0.92 
0.97 


bs 


1875 


1876 . . . .... 


1877 


1878 


1879 . . . . ... 


1880 


1881 


1882 .... 





MESSAGES AND PROCLAMATIONS OF 



ILLINOIS. 







Rate per 
ton per 
mile. 


1880 


1 


. 38 cents 


1881 


1 


.20 


1882 


1 


.26 


1883 


1 


.09 









MISSOURI. 



Average rate per ton per mile, (all freights, local and 

through,) in Missouri, 1878 

Average rate per ton per mile, (all freights, local and 

through,) in Missouri, 1883 

Average rate per mile, passenger fares, (local and through,) 

in Missouri, 1878 

Average rate per mile, passenger fares, (local and through,) 

in Missouri, 1883 



1 . 98 cents 
1.40 " 
3.56 
2.89 



Could one desire a clearer demonstration of the futility 
of legislation and the all but omnipotent power of com- 
petition? Competition is a subtle, unseen power that works 
sileivtly but remorselessly in bringing down rates, as the 
river brings down the banks by constantly sweeping against 
them. It is not simply competition between lines, but the 
mightier competition between city and city, section and 
section, commodity and commodity, which strikes irresist- 
ibly against legislative enactments and pool dictation and 
overwhelms them. It is working in the interests of the 
people at large, here a little, there a little, but working out 
good alike for the roads and the people, and will only pro- 
duce disaster when legislative bodies and transportation 
managers combine to throttle, for neither can do it alone. 

The reduction of passenger and freight rates in Mis- 
souri since the war, from natural causes, has been in the 
same ratio as in Illinois and Michigan. There have been 



GOVERNOR THOMAS THEODORE CfUTTENDEN. 385 

two reductions made by the roads in obedience to legis- 
lative demands; the first in 1865; the second in 1879. The 
rates fixed by the roads in 1865, were based on the inflated 
values then existing, but these were soon changed in con- 
formity to public sentiment. Five years ago the Legis- 
lature fixed the maximum rate of charges in freight and 
passengers, and the roads at once submitted. When the 
law was passed in 1879, the rates were held to be firm and 
just, and nothing has happened since then to justify any 
one in saying those rates are now too high. I think the 
law should be so amended as to give the Commissioners 
power to enforce uniform passenger rates over all the lines 
of roads in the State. That rate should not be in excess 
of three cents per mile. Only a few roads now charge 
over that rate, and some of those will conform to that rate 
after the 1st of January, 1885. 

Discriminations will take place in the management of 
railways, as in the management of any other class of busi- 
ness. The inflexible rule should be that the same service 
shall always be rendered for the same compensation for all 
alike; but to establish, or seek to establish, a rate that no 
more should be charged per mile for a short distance than 
for long distances is against both con&non sense and the 
experience in life of every transaction in business. Th-e 
purchaser of a hundred hogsheads of sugar is ever given 
more favorable rates than the purchaser of a pound, a 
barrel or a single hogshead. Competition, as before said, 
is the solution of the difficulty, and is the all controlling 
force in modern commerce, and we should do nothing, and 
we should allow the roads to do nothing which would ham- 
per, interfere with or obstruct it. 

I think the Commissioners have it in their power to 
accomplish more with the managers of the roads in a quiet 
and less expensive way, in the interest of the patrons of the 
roads, than can be done by legislative action. It is in duty 
bound to study the railroad question in every aspect, aad 
supervise its management so as to harpxonize and protect 
the iatefests of the roads and the shippers alike. As GCKV. 



386 MESSAGES AND PROCLAMATIONS OF 

Cullom well said: "This work is of such a nature that it 
can never have a perfect and final accomplishment. The 
changing conditions of trade, the development of new in- 
dustries and teachings of experience and observation, will 
furnish grounds for their revision, which must be made with 
full recognition of the rights and interests of all parties 
concerned." 

Possibly Georgia has one of the best compilations of 
railroad laws in the United States, giving satisfaction to the 
roads and the people. Gov. McDaniel says, in his last 
message: 

" Rightly administered, the important powers vested in the Com- 
mission, should result in benefit to the railroads and to the public. There 
can be no real conflict of interest. The public is entitled to prompt and 
efficient railway service for the accommodation of travel and traffic, for 
which the railroads are entitled to sufficient compensation to cover 
operating expenses, the cost of maintenance, improvement and renewal 
of the property, and in addition, a fair average return for the value of the 
investment and the risk incurred. The office of the Commission is to 
determine, in case of dispute between shippers and railway managers, 
what is just and reasonable compensation.'* 

If necessary, invest, the Commission with more power. 
Twenty-one States now have Commissions. By such means, 
a vast flood of light has been shed u'pon the subject, to the 
advantage of all parties concerned. I think our railroad 
laws are sufficiently explicit in most of the essential points, 
and only minor amendments are required. 

While giving the Commissioners power to adjust the 
difficulties between the people and the roads, the legislature 
should be careful not to make them managers of the roads. 
There can be, with safety, but one federal head in the 
management of such essentially dangerous and complex 
bodies. Restraints on roads are important; so are restraints 
on commissions. The safe board of to-day may become the 
ambitious and grasping one of to-morrow: "Create an 
office, it matters not how important its functions at the 
beginning, they will gradually be increased." Every step 
opens the way to further their aggrandizement. The 
growth of Missouri in railroad interests and the prospects 



GOVERNOR THOMAS THEODORE CRITTENDEN. 387 

of so continued growth within the next year, under our 
liberal laws, is gratifying indeed, as every mile of road adds 
increased wealth and increased population. 

In my last message I said: "If the same wisdom 
characterizes the legislation of this State in the future, as 
in the past, we may reasonably expect larger investments 
in railroad construction, and the erection of thousands of 
homes upon our idle acres." 

Since the first day of May, 1883, there have been con- 
structed 236 miles of railroad in this State, 113 miles in 
1883 and 123 miles in 1884, built in or through the counties 
of Chariton, Carroll, Cape Girardeau, Greene, Henry, 
Howell, Polk, Stoddard and Wayne, making 4,738 miles of 
railroad now in operation in Missouri. 



The gross earnings of the roads for 1883 

Gross earnings of roads for 1884, (Estimated) 

Gross earnings per mile for 1883 

Gross earnings per mile for 1884, (Estimated) 

Total stock chargeable to number of miles up to Jan. 



1, 1885. 



Being equal to, per mile 

Total bonded debt Jan. 1, 1885. 
Equal to, per mile 



$28,754,334.96 

29,000,000.00 

6,343.00 

6,131.00 

117,766,238.00 
26,429.00 

106,958,557.00 
24,106.00 



It will be observed that there has been a small decrease 
of the earnings per mile in 1884 over that of 1883, attribut- 
able to two facts: an increased mileage and a slight decrease 
in tonnage, owing to decreased values. The earnings per 
mfle of the roads in the last ten years have materially in- 
creased, owing to the rapid growth of the State, an,d the 
greater skill in operating the roads. I doubt if any State 
has a superior class of railroad managers to those of Mis- 
souri. They are ever ready to treat citizen and patron with 
that courtesy du^ them, 1 and to right every wrong as far as 
reasonable. The following fifteen counties are without 
railroad accommodations: Carter, Cedar, Dallas, Douglas, 
Hickory, McDonald, Maries, Ozark, Perry, Pemiscot, 
Reynolds, Ste. Genevieve, Shannon, Stone and Taney. 



388 MESSAGES AND PROCLAMATIONS OF 

That number, I am informed, will be reduced to ten within 
the next year, and it is now reasonably supposed that 400 
miles of new road will be constructed during that year. 
This will add millions of dollars to the wealth of the State, 
and should forbid oppressive and illiberal legislation. 
Just laws will bfe of much more benefit to the State than ill- 
considered ones, which but add confusion to the many 
vexed questions already disturbing the people and the roads. 

I am still of the opinion, as expressed in my last message, 
that the depots and surrounding grounds, as far as practi- 
cable, should be improved and beautified, especially along 
the main lines of the trunk roads. Ttfey are not now in 
keeping with the wealth, tracks and machinery of the roads. 
A few thousand dollars so expended would add much to the 
popularity of the roads and the honor of the State. All 
things beiag eqfo'al, the traveling public will patronize those 
roads exhibiting that degree of pride and desire to gratify 
the pliblic taste. Such small expenditures contribute much 
to relieve the tediuto of traveling. The depots in Uiis 
State, as a general thing, are wanting, not only in archi- 
tectural beauty, but also, to a large extent, in the ordinary 
comforts that should be fouhd in such places, nwiy being, 
in fact, repulsive to the least cultured and the least refined 
of society, and often the resorts, during the arrival and 
departure of trains, of vulgar and insolent loafers. The 
managers of the roads and the town officials should break 
up such nuisances. The commissioners should condemn 
the obnoxious and inhospitable depots, calling upon the 
managers of the roads to supply more acceptable ones 
without delay. It is clearly within the line of duty of the 
commissioners as specified in section 13 of the act creating 
said board, approved March 29th, 1875. With these views 
as above expressed, whatever legislation, in your assembled 
wisdom, you may deem wise to enact, I trust the great rule 
of equity shall govern, so that while the individual interests 
of the citizen are guarded, those of the corporations them- 
selves shall not be unjustly dealt with. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 389 



STATE CLAIMS. 

Under an act of the Legislature, approved March 19th, 
1881, Hon. John T. Heard was appointed by the Ftind Com- 
missioners as agent in behalf of the State, to prosecute to 
final settlement before Congress and the proper departments 
at Washington, certain Claims of the State against the 
federal government, enumerated in section 1 of said act. 
He at once entered upon th f e discharge of his duties, and 
recovered from the government the sum of $234,594.10, 
which amouht, less his commission, was deposited in the 
State treasury on the 14th day of August, 1882. Since the 
collection of this sum of money, Mr. Heard commenced 
prosecuting with great activity the following character of 
claims, in which Missouri and its citizens are largely in- 
terested: claims under an act of the Legislature, of March 
22, 1883; individual claims against the government; interest 
olaims of Missouri against the government; direct tax claims 
in favor of Missouri against the government; which claims, 
in the aggregate, involve over one million of dollars. Since 
the commencement of this important work Mr. Heard h#s 
been elected a mfember of the next Congress of the United 
States from the sixth district of Missouri, and has con- 
sequently resigned as State agent, and Hon. John R. Walker, 
of Cooper county, has been appointed in his stead. Mr. 
Heard having submitted to the Fund Commissioners a 
satisfactory account of the work performed and of that to 
be performed in the future by his successor, I respectfully 
ask that his report be printed for the information of the 
General Assembly. 

PENITENTIARY. 

There are few subjects, if any, which will engage your 
attention that are of greater practical importance than the 
management of the penitentiary, and there is none so mis- 
understood, from ignorance or from some designing cause. 
It is an institution so prominent in a State administration, 



390 MESSAGES AND PROCLAMATIONS OF 

that if unwisely and corruptly managed, the world would 
know it at a glance, as it is a "city set on a hill, which can- 
not be hid." 

The penitentiary is in excellent condition at the present 
time. It has been successfully managed during this ad- 
ministration, not costing the State a dollar in its running 
expenses, except in the pay of its civil list. 

From an examination of its books I find that the earn- 
ings and receipts for the years 1883 and 1884 (December, 
1884, estimated) to be $266,897.82, and there has been ex- 
pended for maintenance during those years (December, 
1884, estimated) 1 $238,486.10, leaving $28,411.72 upon the 
credit side of the prison, which has been expended as 
follows: 



Pay-roll of officers and employes, October and November, 
1884 


$8,368 42 


Permanent improvements, materials, etc., for new build- 
ings 


18,543.30 


For fuel in excess of amount on hand, December 31, 1882.. . 
Real estate for rock quarry use 


1,000.00 
500 00 






Total 


$28,411 72 







Which is the excess of earnings as above given. The 
last Legislature appropriated $155,000 to replace certain 
buildings or workshops which were destroyed by fire Feb- 
ruary 23, 1883, and to extend the walls of the penitentiary 
and to do certain other specific work, detailed in the bill. 
These demands exhausted the appropriation before the work 
was completed. Under the direction of the Prison In- 
spectors the Warden expended, as before stated, $18,543.30 
for materials purchased and used in the construction of the 
buildings and wall. In addition to this sum, the Warden 
expended $14,000 for brick, rock, labor, etc., for which he 
should receive credit, as the brick, rock and labor represent 
a value equal to that amount of money. If no credit is 
given the penitentiary for the excess of earnings over that 
of maintenance, $28,411.72, and the $14,000 for brick, rock 



GOVERNOR THOMAS THEODORE CRITTENDEN. 391 

and labor, as above stated, then there will be an outstand- 
ing indebtedness of $3,750 against the prison, but if credit 
is given for those amounts, which should be done, then there 
is a surplus of $40,000 in favor of the prison, which surplus 
accrued during the year 1884, which .shows that the in- 
stitution, with its rapidly increasing numbers of inexpe- 
rienced laborers, has been managed with singular foresight 
and judgment, commanding the respect of all the business 
men who have investigated or had means of knowledge as 
to how this prison has been managed during this administra- 
tion. 

The new buildings have been fully completed and are 
pronounced equal if not superior to those erected in any of 
the States for shop purposes. They are commodious, 
fire-proof and well ventilated, and specially well adapted 
to the uses to which they have been assigned. The walls 
of the prison should be completed as soon as practicable. 
If the prison is not divided, more ground should be taken 
into the enclosure, which may necessitate the removal of 
the Warden's residence and the erection of a new one else- 
where. 

The following tables show the number of prisoners 
confined in the penitentiary during the years 1883-4: 



Total number prisoners remaining on hand December 31, 



1882, 



Total number prisoners received in 1883. . 
Total number prisoners received in 1884.. 



Total number prisoners discharged 1883. 
Total number prisoners discharged 1884, 



On hand December 31, 1884. 



1,348 
590 
680 



525 
555 



2,618 



1,080 
1,538 



December is estimated in the above statement: 
In 1881 the daily average was 1,205; in 1882 the daily 
average was 1,318, showing an increase of 113 in 1882 over 



392 MESSAGES AND PROCLAMATIONS OF 

1881; 125 in 1883 over 1882, and 95 more in 1884 than 1883. 
These figures show that with an increase of population there 
has been a corresponding increase of crime and an increase 
of convictions. It is now a settled fact in Missouri that the 
laws will be enforced; wrongdoers of ail classes will be pun- 
ished and all classes of honest and industrious people will 
be protected from personal or property disturbance. 



The cost per capita for maintenance for 1883-4. . 
Guarding. . r , ,,,.,,, 


22 8-10ths of a cent 
8 7-10th,s of a cent 






Total cost per capita 


31 1-2 cents 







Which is 1 19-30 less than the cost of maintenance and 
guarding in 1881-2. 

This is a lower rate than prevails in any other State. 
The Missouri Republican used this language after the report 
of the Legislative Committee on the penitentiary in 1881-2, 
which is more applicable now than then, as the prison is 
more economically managed now than then: 

"This settles the matter and shows to the people of 
Missouri what they had good reasons for believing before, 
that their State prison is in the hands of honest and capable 
officers, and is one of the most economically and efficiently 
managed institutions of the kind in the country. Indeed, 
it is a part of a general State administration which challenges 
respect both at home and abroad." 

The health of the prison is excellent. The death rate 
is small. No epidemic has existed within its walls for years. 

Deaths in 1881 (in a total of 1,205 prisoners) 22, being 
1 8-10 per cent. 

Deaths in 1882, in a total of 1,308 prisoners, were 18, 
being 1 2-5 per cent. 

In 1883 there were 20 deaths in a daily attendance of 
1,382, being 1 309-691 per cent, 

In 1884, there were 23 deaths in a daily attendance of 
1,476 prisoners, being 1 206-369 per cent. It is doubtful if 
any prison can present a more striking table than the above. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 393 

BRANCH PENITENTIARY. 

This legislature should maturely consider the question 
of building a branch penitentiary, upon a railroad, near some 
prosperous business town or city. There are too many 
prisoners in this prison for safety and health. It contains 
now the largest number of prisoners of any penitentiary in 
the United States, excepting Sing Sing, New York. A 
committee should be appointed to investigate the neces- 
sities for such a branch prison, and to ascertain the most 
eligible point for it. Or that duty should be imposed upon 
the Prison Inspectors. 

PARDONS. 

I have exercised the pardoning power as often as I 
have thought it wise and prudent, taking care not to abuse 
the confidence of the State, nor, by its illiberal use, have a 
wrong done the citizen. Those pardoned, with few ex^- 
ceptions, have at once engaged in honest industry and are 
making law-abiding citizens. The Executive should never 
hesitate in the exercise of this power, when he is satisfied 
that a wrong has been done the convict by an oppressive 
sentence, by perjury of interested witnesses or the rash 
actions of an excited jury or court. The public often cen- 
sures the Governor for granting pardons when it is least 
advised, as to the real facts connected with the case. He 
knows, or should know, those facts much more intimately 
than the public. In every instance he has all the facts 
before him; the impelling motive of the prosecution, a 
knowledge of the acts of the court, jufy and witnesses, and 
often has evidence that a conviction was had on suborned 
testimony, or facts that justify the belief that an excessive 
punishment has been inflicted, which does an injury alike 
to the man and the State, and many other minor reasons of 
which the- public can know nothing. Such unjust criticisms 
often do violence to the truth, violence to justice and violence 
to society. It is better that ninety and nine guilty per- 
sons should escape than One innocent shcrakt be wrongly or 



394 MESSAGES AND PROCLAMATIONS OF 

unduly punished. Nothing hastens a man's steps towards 
crime more rapidly than the belief that he has been wrongly 
convicted and harshly sentenced. In the forum of his own 
conscience he stands the accuser of society for the wrong 
inflicted upon him. From being the sinner, he has become 
sinned against, and he starts out upon a new and real career 
of crime, feeling the glow of moral sanction as he resolves 
afresh to perpetuate his war on society. Such feeling is 
rational. It is one of the infirmities of fallen nature, and 
it will be hard to reform the criminal when he feels, and has 
such just cause to feel, that he is himself the subject of a 
greater wrong at the hands of society, than he ever inflicted 
upon it. The pardoning power is vested in the Executive to 
meet such cases, by the law makers, thinking it wiser to 
save a man than to have him an unjustly condemned crim- 
inal for life, with no chance to retrieve his shadowed reputa- 
tion and rebuild his prostrate character. In addition to the 
errors of trial and conviction, the Executive discovers traces 
of manhood still left in the criminal, and is impelled to save 
him to a more honorable walk in life, and would more often 
succeed if society would aid in his reclamation, by a kind 
word and a helping hand, and not further seek to burn the 
stripes of his garb into his body and memory, by cheerless 
indifference. I pardoned, within the first two years of this 
administration, 62 persons and 73 from the meeting of the 
last General Assembly up to January 1, 1885. These were 
generally those who do not belong, in the full sense of the 
word, to the criminal class; they are largely those convicted 
of murder in the second degree. Such persons are often 
the victims of misfortune rather than criminals, who, under 
the influence of sudden passion, being assaulted or in a 
heated personal encounter, killed their fellow man, and in 
whose hearts no vindictive, no malicious, no criminal feel- 
ing had existed prior to the act, but who were driven to it 
by a mischance that may befall any man in society. The 
law declares them guilty of crime and condemns them to 
punishment. But are such not worthy of consideration? 
Should a pardon never reach them? Were those upon 



GOVERNOR THOMAS THEODORE CRITTENDEN. 395 

whom the Tower of Siloam fell much worse sinners than 
many who exulted over the fall? The law in such cases 
needs no vindication. It inflicts the punishment as a 
measure of discipline for those upon whom it falls, and a 
warning to others to keep their passions under control and 
resist evil. Upon consultation with the Warden and prison 
officers, I have pardoned two prisoners on each recurring 
4th of July and Christmas day. They have uniformly been 
prisoners of long sentences, who have conducted them- 
selves well in prison, generally one of each color, and in 
most instances those who have had no friends to intercede 
in their behalf. Those holidays have been looked to with 
more than ordinary interest by the prisoners, as no one of 
them knew upon whom the favor would fall until called 
to receive the pardon. 

The custom has worked well, and has had a salutary 
effect. In no instance has one of those pardoned misbe- 
haved in society. They are impressed with the idea that 
the same conduct that secured the pardon will secure suc- 
cess in the ordinary walks of life. I now think it would be 
wiser to grant conditional rather than full pardons to those 
receiving this grace of the State. This grows out of two 
facts: First, the discharged convict is aware that he still 
remains under the supervision of the State, and that the 
State trusts him on condition that he makes a law-abiding 
citizen; second, he is also aware of the fact that if he violates 
that condition of the pardon, he will be tried and rein- 
carcerated for the balance of the original sentence. Under 
such a pardon, he is the subject of one of those two impulses 
which are to be found in every man: pride and fear, and 
which govern every man either in one or the other direction. 
There are quite a number of old, enfeebled and broken- 
down men in the hospital of the penitentiary who have been 
there, if not since they entered upon their sentences, at 
least the greater part of the time. Those men are a burden 
to the State, and should be discharged, provided relations 
or friends will take them. I suggest that the joint com- 
mittee of the Senate and House on the penitentiary, recom- 



396 MESSAGES AND PROCLAMATIONS OF 

mend their pardon. This will bear the semblance of a 
legislative act and relieve the Governor from all unjust 
criticism. I also suggest that this body should relieve or 
provide in some way for several insane convicts whose terms 
of sentence have expired. There is no reason why they 
should be thus forced on to that institution when their 
presence and conduct have such a deleterious influence on 
those associated with them in the hospital. They should 
be removed as a matter of humanity from the hospital, and 
from a sense of duty to the State. 

REFORM SCHOOL. 

Missouri has attained that wealth, population and 
prominence when it can no longer, with any degree of self 
or national respect, delay the erection of a reformatory 
school. Such a school would save from a life of crime many 
youths who, from vicious instincts, or depraved reading 
and associations, become confirmed and costly criminals. 
If those were taken "in the days of their youth," their 
hearts and brains could be so trained as to abhor crime. 
Nothing is so costly to the State as jails and penitentiaries. 
If the State is the guardian of its children, it should be pre- 
pared to take charge of the little waifs of society, "the 
flotsam and jetsam on the wild sea of life before the evil 
days draw nigh when they become hardened criminals.^ 

The St. Joseph Gazette well says upon this subject: 
"One of the main purposes of punishment is reform. But what a 
blot upon our civilization, a sad commentary upon our so-called en- 
lightened methods of dealing with crime, is thus revealed by the records 
of just one of a thousand criminal courts! Clearly the present methods 
of dealing with crime are a colossal failure so far as their reformatory 
influences are concerned. Something is wrong and must be corrected. 
Here reform begins, and this reform, this gradual leading of a young 
heart from a channel of viciousness to one of right and honor, is not to 
be accomplished by hardened criminals, nor can it be done in a day, or a 
week. It is the work of men and women who have made it a life pursuit. 
Tt is a work which belongs to a school established purely for the purpose 
of reforming boys and girls, around whose lives baleful influences have 
been thrown, but who, if properly treated, can be developed into honor- 
able and useful members of society. Christianity and civilization and 
humanity demand such an institution in Missouri to-day/' 



GOVERNOR THOMAS THEODORE CRITTENDEN, 397 

Experience teaches that there are fewer convictions for 
felony where Reform Schools exist, as there are fewer viola- 
tions of law. 

The Legislature should give serious thought to the im- 
portance of such a school All the progressive States of 
our land have such schools. Here, too, Missouri must 
keep pace with them. 

INSANE CRIMINALS. 

The attention of the Legislature is earnestly called to 
the existing condition of the law in relation to the treatment 
of persons acquitted of criminal offences on the ground of 
insanity. Such persons are at present turned loose upon 
society, where the same cause may produce the same un- 
fortunate results, It is recommended that a law be enacted 
to the effect that whenever there is an acquittal on the ground 
of insanity, a verdict to -such effect shall be returned by 
the jury, and thereupon the accused shall be remanded by 
the court to some public asylum for the insane, there to be 
retained in custody until pronounced cured by competent 
medical authority. 

It is submitted that under such a law the interests 
both of society and of the individual will be better sub- 
served than is now the case. It too often happens, as the 
records of our courts will show, that with the alternative of 
a verdict of murder in the first degree or of one of acquittal, 
a jury is apt, according to the prejudices prevalent in a 
community, to be readily swayed either by sympathy with 
the accused and a doubt as to his true mental condition or 
by too stern a disposition to avenge the outraged law. In 
the one case a guilty person goes wholly unpunished because 
the jury deems capital punishment too severe a penalty. 
In the other, it may and does happen that one who is merely 
the victim of disease, and in no sense criminal, is condemned 
to an ignominious death. 

From the experience of other countries where such a 
law as the one proposed is in force, it is confidently to be ex- 



398 MESSAGES AND PROCLAMATIONS OF 

pected that the plea of insanity will be much more rarely 
invoked, when, if successful, it may consign the accused to 
a life-long imprisonment, and juries will be less likely to 
inflict unmerited punishment, when they are satisfied that 
the public may be protected by milder measures. 

There is no branch of the criminal law in a more un- 
satisfactory state than that relating to the plea of insanity. 
Cases of homicide are constantly before our courts in the 
trial of which the sciences of law and medicine appear in 
irrepressible conflict. The lawyers charge the doctors with 
"a sentimental indulgence for crime," and these retaliate 
with a charge of "inhumanity towards the defects of human 
nature/' 

Juries, in consequence, confused with a discord where 
all should be harmony, render verdicts which are irrecon- 
cilable with true principles of either science. The proposed 
legislation, it may be hoped, would do much towards curing 
this evil. The dispute between lawyers and doctors would 
cease to be of practical importance. The penalty of death 
would be inflicted only in clear cases. Society would be 
amply protected by incarcerating the insane criminal for 
life or until a permanent cure was effected. 

In the light of several tragedies during recent years in 
the penitentiary, it is clear that this is not the place for insane 
criminals, while these sad events would seem equally to 
prove that its walls not infrequently contain those who are 
not otherwise guilty of crime than through the irresistible 
dictates of a diseased brain. I urge upon this Legislature 
the importance of building a criminal insane asylum within 
the walls of the penitentiary for the double purpose of pro- 
tecting the sane from the deadly attacks of the insane crim- 
inal, and affording some intelligent means of restoration to 
reason of those so unfortunate as to lose their reason while 
in prison. 

DOWNING LAW. 

I suggest that this law should either be repealed or so 
amended as to make it applicable in its provisions to every 



GOVERNOR THOMAS THEODORE CRITTENDEN. 399 

part of the State alike. This law has been, in part, made 
inoperative in the city of St. Louis by the presumed exist- 
ence and operation of the act of 1857. I am inclined to that 
view, but, as it was so declared by a court of adequate juris- 
diction, the civil authorities of that city acquiesced in the 
ruling. I suggest that the act of 1857 be repealed, thus 
leaving the Downing law in unquestioned operation over the 
whole State. As a police law, I think the Downing law has 
already accomplished much good, and can be made much 
more effective, with certain amendments. No law should 
remain a dead letter upon the statute books. If a good one, 
it should be enforced; if a bad one, it should be repealed. 
In 1880 there were 3,042 licensed dramshops, 127 wine and 
beer saloons and 90 drug stores retailing liquor under the 
then existing license. The State license, together with the 
advalorem tax on the liquor sold by the saloons, amounted 
to $157,916, and county license and tax to $296,970, a 
total of $458,896. The tippling houses increased in num- 
ber in the State between 1880 and the time this law became 
operative. This law has reduced the number of dramshops 
or drinking saloons within the first year of its operation 
from 3,601 to 3,150, a decrease of 457 or 12 per cent., and 
has reduced the number of places of strong drink from 3,469 
to 2,115, over one-third. There has been an increase of 
903 wine and beer saloons under this law. I think that 
section of the law should be repealed, as many who seek 
shelter under it do so for the purpose of violating it, and, in 
fact, making their saloons open dramshops without paying 
for the privilege. While the revenues of the counties have 
been largely increased under this law, those of the cities, 
towns and State have been much reduced. This should be 
remedied. No law should work so partially in favor on one 
division of the State against other divisions, and in fact the 
State itself. For the violation of this law the courts should 
either impose the maximum penalty or this body should 
repeal the minimum fine. The county revenue from saloon 
licenses has been increased from $358,000 to $1,164,000, an 
increase of $806,000 within the first year. The State revenue 



400 MESSAGES AND PROCLAMATIONS OF 

from that source has been diminished $85,041.06 within the 
first year, and several small counties yet to be heard from. 
Heretofore the county courts have exacted the minimum 
license, $550, from those seeking the privilege of trade. 
The maximum price is $1,200. I think experience and the 
demands of society will require an increase in the value of 
the license over that of $550 and a more equitable division 
of the amounts between the towns, cities and State. In- 
temperance is on the decrease in the State from two causes: 
A stronger moral sentiment and fewer places of temptation 
to the young and old. There are twenty counties in the 
State in which license cannot be obtained for dramshop 
purposes. Public opinion is demanding a strong and 
effective law upon the license system; one that will dis- 
courage, rather than encourage, public drinking saloons, 
and at the same time requiring a strict enforcement of that 
law; crediting those who comply with the requirements of 
the law, by severely punishing those who violate it under 
any pretext whatever. There is also a strong and growing 
sentiment within this State in favor of closing dramshops 
and forbidding the sale or giving away of intoxicating liquors 
by the keepers of such places on Sunday. The religious 
papers of every religious belief have spoken strongly upon 
this subject, and those authorized to speak for the churches, 
have issued strong deliverances in favor of thus preserving 
that Holy day. The moral sentiment of this State demands 
it and these deliverances are but the faithful echoes of that 
sentiment. 

I am unwilling to see this day, one of the bulwarks and 
mainstays of our form of government, abolished by legis- 
lation, infidelity, or passion for gain. It should be preserved 
"in every line of its rubric and every thread of its vestment," 
as one upon which all classes can say, "in obedience to 
divine, statutory and physical laws," 

Those engaged in the manufacture and sale of spirits 
recognize this fact. The western distillers held a conven- 
tion in Chicago within the last year and issued a series of 
resolutions of much significance, which I present for your 



GOVERNOR THOMAS THEODORE CRITTENDEN. 40 

consideration. They enumerate two ideas very clearly 
To preserve an orderly Sabbath, and a well digested license 
law that will protect the State as well as the licensed. I 
those prominent ideas are not observed by that craft, th< 
natural result will be more stringent legislation in the future 

WHEREAS, It is well known that the American people were broughi 
up to preserve an orderly Sabbath, and laws are on the statute books 
forbidding all kinds of labor on that day; therefore, 

"Resolved, That we are in favor of enforcing those laws, and ask nc 
special privilege for this business we are engaged in. 

"Resolved, That the fact that prohibition does not prohibit, has 
been abundantly proven. Therefore, we are in favor of a well digested 
license that will protect the State as well as the licensee, and the priot 
placed at such a point as will yield a large revenue, reduce the number ol 
drinking places and elevate and make more respectable this branch oi 
business." 

With a disposition to have the Downing law fairly 
tested, I have sought to have it enforced throughout the 
whole State and have not remitted any penalty inflicted 
under its provisions. 

COMMON SCHOOLS. 

The people, in the Constitution of Missouri, having 
declared that "A general diffusion of knowledge and in- 
telligence being essential to the preservation of their rights 
and liberties/' and a similar provision being found in every 
constitution under which we have lived, from that of 1820 
when Missouri was admitted into the Union, down to the 
present time, it is proper that I should again declare that 
it has been one of my chief aims, as the Executive, to pro- 
tect and preserve, unimpaired, the excellent free public 
school system which was laid in the first constitution, in 
1820, and perfected afterwards by laws passed in pursuance 
of out different constitutions. In speaking thus, I include 
the entire system, not a part of it. 1 refer to the free public 
schools, the normal schools, including Lincoln Institute, 
and the State University and its associate schools. It is 
from theae ever-flowing fountains that the sons and daugh- 
ters of Missouri can well prepare themselves with that 



402 MESSAGES AND PROCLAMATIONS OF 

knowledge and intelligence necessary to understand their 
rights and at the same time teach them the duties and 
several obligations of citizenship. The character of a free 
commonwealth depends more upon the virtue and intelli- 
gence of its citizens than upon the hidden treasures which 
are so bountifully imbedded beneath its rich and fertile 
soil, for without intelligence and knowledge these natural 
sources of wealth and happiness would be almost useless 
to the people. Missouri must keep fully abreast upon the 
subject of education with the oldest and most cultivated 
States of the Union. We cannot afford to, and we should 
not, fall behind them. With our boundless resources, our 
healthful climate, our strong central position in the very 
heart of our common country; inviting hither the intelli- 
gence, the enterprise and the capital of the world, it is a 
solemn duty that we owe not only to ourselves, but to the 
whole country, to maintain a liberal educational policy. 
Such a course pursued steadily by the State, will inspire a 
corresponding liberality upon the part of those whose 
labors have been crowned with success in the accumulation 
of wealth, and who will gladly come to the aid of the State, 
in giving to and strengthening that public system of educa- 
tion, upon the complete success of which so much depends 
the liberty and happiness of the people. With such a 
system perfected and sustained, and united with the private 
and denominational systems, which are never to be over- 
looked, there is no reason why Missouri may not occupy a 
proud and enviable position among even the foremost of 
its sister States. I announce with pleasure and pride, in 
this, my last message, that the advancement of our public 
schools in all that looks toward a perfect System is very 
encouraging. The opposition to and prejudice against the 
public school system is rapidly giving way to a more cheer- 
ful support; longer terms of schools are maintained, better 
teachers are demanded, salaries have been increased, men 
and women are entering the profession to make it a life 
work, while the people realize that upon this popular system 
they must depend for the education of the youth of the land. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 403 

The common school system is the superlative blessing of the 
State upon the poor. It is now a consolation to the poor 
father and mother that, politically, their offspring have 
power to rise to the highest office in the gift of the people; 
and to trace his upward step from the ever-unclosed door of 
the public school. The condition of our school fund is 
excellent. By the act of the last General Assembly the 
State fund was increased $222,000.00, making the permanent 
interest-bearing State fund $3,131,000.00, while the entire 
school funds of the State amount to $10,178,780.89, as 
shown in the following table: 



Permanent interest-bearing State School Fund 


S3 131 000 00 


In treasury to credit of State Fund 


1 306 65 


State Seminary Fund 


509,000 00 


Permanent County Public School Fund. . 


2 934 253 28 


Permanent Township Public School Fund. . 


3 347 2CO 11 


Special Public School Fund 


130 437 87 


From fines, penalties, etc., for 1884 


125,522 98 






Total amount of available school funds 


$10,178 780 89 







During the year ending June 30, 1884, there was ex- 
pended for public instruction not counting the University 
or Normals, $4,229,518.33, besides leaving a balance on 
hand July 1, of $1,508,569.29. 

The total number of children reported by the county 
clerks is 785,122; of this number 740,327 are white and 44,795 
colored. There are 401,455 male and 383,667 female. 
There were 13,296 teachers employed. 

Average salary of teachers, $47.75. 

Average length of school term, 113 days. 

Number of school rooms occupied, 10,523. 

Number of white schools taught, 8,881. 

Number of colored schools taught, 528. 

Value of school property, $8,825,548. 

Such an exhibit as this must command the respect of 
even the basest slanderer of the State. I trust no narrow 
limit will ever be placed around the educational spirit of 



404 MESSAGES AND PROCLAMATIONS OF 

Missouri. The school house is the natural forerunner of 
the church. The church is the stronghold of law and good 
morals, and upon those solid foundations the superstructure 
of our liberties and personal rights must be built. Bind 
the minds of men in chains of ignorance, and it requires 
but a moderate portion of art and talent to enslave their 
bodies. Let us wage upon the citadel of ignorance a per- 
petual and exterminating war. It is the first of our political 
duties. We owe it to our principles, to our institutions, to 
our posterity and to mankind. 

NORMAL SCHOOLS. 

The superior enlightenment of the times is nowhere 
more manifest than in the liberality of sentiment among the 
masses of our people upon the subject of public education. 
The normal system of instructing and qualifying our own 
young men and women for teaching in our common schools, 
is now so firmly established as a part of our admirable system 
of education that no argument is necessary to demonstrate 
its wisdom and utility as a potent agent in the efficiency of 
public school instruction. So deeply am I impressed with 
the importance of this matter to the whole people that I 
cannot forbear a repetition of my former recommendations 
upon the same subject. It is the duty of the party charged 
with the disbursement of our public funds to so dispose of 
those funds as to secure to the masses of the people the 
largest benefits possible. Legislators should not only guard 
every avenue to the State treasury with a jealous eye, but 
they should evidence a broad, comprehensive economy by 
such appropriations in behalf of education as recognize the 
potency of this great lever cf humanity in the prevention of 
vice and crime. From the reports made to me by the officers 
in charge of the management of our Normal schools, I am 
convinced that their management is in excellent hands. 
They are steadily progressing in the matter of attendance 
and the accomplishment of the great work of educating 
teachers. From the report of Prof. George L. Osborne, 



GOVERNOR THOMAS THEODORE CRITTENDEN. 405 

President of the faculty of the Warrensburg Normal School, 
I learn that the demand for trained teachers has kept pace 
with the growth of the school, and that, during the past 
year, they have not been able to supply more than half the 
applications for teachers of various grades. All of the full 
course graduates and eighty per cent, of the elementary 
graduates of 1883 are teaching. This statement of facts is 
stronger than any logic in favor of the efficiency of normal 
instruction and the utility of the schools. A full report 
from the Board of Regents will be laid before your body, 
showing the receipts and disbursements since the last meet- 
ing of the legislature. By this report it will be seen that 
there is a necessity for an increase of the amou'nt of the usual 
biennial appropriation, and also for an extra appropriation 
for the completion of the assembly room, now in process of 
erection. I strongly urge upon you the necessity for these 
appropriations. The results of such wise economy upon 
your part will be seen in an elevation of the standards in 
our public schools, and increase of intelligence among the 
masses of the people, and a diminution of the amount 
necessary to be appropriated by your successors, for the 
payment of criminal costs. 

The report made by Prof. J. P. Blanton, President of 
the faculty of the Kirksville Normal School, is quite as 
satisfactory in every respect as the report from the Warrens- 
burg, school. During the year there were enrolled 501 
students, representing 44 counties. Prof. Blanton reports 
the same difficulty in supplying the demand for teachers. 
Of 83 graduates of the past year, 17 in the advanced and 66 
in the elementary course all are either teaching or pre- 
paring to complete the full course. 252 under graduates 
will teach during the next school year. 

The report made by Prof. R. C. Norton, President of 
the faculty at the Cape Girardeau Normal School, shows a 
condition of affairs highly gratifying to the friends of educa- 
tion. He says: "The call for trained teachers has been 
greater than our ability to supply, but we hope next year to 
considerably increase the number capable of taking charge of 



406 MESSAGES AND PROCLAMATIONS OF 

district schools." This school is in a most prosperous 
condition and is meeting the most sanguine expectations of 
the enlightened citizens of Southeast Missouri, who labored 
so earnestly for its establishment. 

The reports from the regents of these schools which 
will be made to you, will give you explicit information in 
detail, of the condition, results accomplished and needs for 
increased usefulness in the future. I cannot too strongly 
urge upon you the importance of a liberal support of these 
institutions which constitute at once the foundation and 
key stone of our admirable common school system. The 
subject is of so much importance to the masses of our people 
who are unable to educate their children in colleges, that it 
well repay the most careful investigation by the enlightened 
and liberally educated. 

LINCOLN INSTITUTE. 

By an act of the Legislature, passed in 1879, Lincoln 
Institute was taken under the patronage of the State. I 
believe it to have been a just and wise act. At no time in 
its history has the Institute been so prosperous as during the 
year just closed. The number of pupils is rapidly increasing, 
and their advancement is more marked and satisfactory. 
Prof. Inman E, Page, the principal of the faculty, is a most 
accomplished teacher, and is in every way peculiarly fitted 
for the work of educating his race. The State has hitherto 
shown a liberal spirit in dealing with this school, and, in 
the light of that liberality, I can fear nothing for the future. 
The appropriations for it should be commensurate with its 
wants. The following extract from a letter from Prof. 
Page to myself is worthy of consideration: 



STUDENTS IN ATTENDANCE. 

Session of 1880-81 153 

Session of 1881-82 148 

Session of 1882-83 165 

Session of 1883-84 187 



GOVERNOR THOMAS THEODORE CRITTENDEN. 407 

From present indications we shall have at the close of 
this session nearly 200. We have graduated thirty-three 
students, of whom twenty-four are now engaged in the 
profession of teaching, and, so far as I have been able to 
learn, are giving satisfaction. Of the whole number of 
graduates only one has brought reproach upon the school 
by immoral conduct. 

The most pressing need of the Institute at present is an 
appropriation sufficiently large to pay our teachers as good 
salaries as are paid at similar institutions elsewhere. It 
is becoming difficult to keep our best teachers, because better 
inducements have been offered them. You know how much 
the prosperity of an institution of learning depends upon the 
retention, year after year, of the most successful teachers. 
I think you will agree with me that the Institute should 
have as large an appropriation for maintenance as any other 
Normal School in the State. 

' THE UNIVERSITY. 

The University moves steadily onward in its career of 
great usefulness and prosperity. The catalogue of the year 
ending in June, 1884, shows 573 students and 65 gradua- 
tions. Up to the present time of the current year, which 
will end June, 1885, nearly 500 students have entered. It 
is worthy of public notice as marking the ripe intelligence and 
progressive character of the present management of the 
University, that the last catalogue announced a modifica- 
tion of the academic course which is now in progress of 
successful realization, and which, to quote the language of 
the catalogue, page 130: "Had in view the realization of 
our main idea, viz: that of giving greater prominence than 
hitherto to the physical sciences in the academic work of the 
University. This is accomplished in two ways: First, by 
bringing the sciences to the front, in the early part of the 
course, and associating them with the language work for 
elementary disciplinary purposes; second, by organizing 
the science work in the successive stages of the courses, 



408 MESSAGES AND PROCLAMATIONS OF 

so as to provide for progressive advancement to higher 
attainments therein than is otherwise practicable. Public 
attention is also asked to a distinguishing feature of the 
University fund in the Agricultural department. The 
Agricultural and Mechanical College has organized a strictly 
industrial and professional course of studies. The comple- 
tion of this farmers' course is attested by the degree and 
diploma of Bachelor of Agriculture. Its central purpose is 
to educate the farmer rather than the citizen, to give a 
special rather than a general education. Standing in the 
same relation to the art and vocation of farming that the 
Medical College does to the medical profession; that the 
Law School does to the legal profession; or that a School of 
Engineering does to our internal improvements; or a Normal 
course to the work of teaching. It must be borne in mind, 
however, that the complete course of the Agricultural 
College is not only professional but academic. It aims 
not merely at special, but also at general culture. The 
academic part of the work is assigned into four courses, 
with the corresponding degrees and diplomas, on complet- 
ing the same, of bachelor of arts, bachelor of science, bachelor 
of letters and bachelor of domestic arts, for young women. 
Woman is not overlooked in this comprehensive curriculum. 
The student, however, may enter at once on the professional 
business course in agriculture, and after that is completed 
take the academic course, if his means permit, and his 
tastes impel him to do so. By this plan the farmer is made 
first, and the general scholar and citizen afterwards, and a 
more manly result is reasonably anticipated and surely 
attained. Students aiming at other colleges go to work at 
once on their professional studies as soon as they are in ' 
possession of the necessary elements of doing so. It may 
be said that this method is at issue with, and inverts the 
practices of Agricultural Colleges. This is true, but it is 
of no consequence if it be, as it is, in fact, in harmony with 
the sound educational principles, which the experience of 
this practical age has sanctioned. Our youth gain both 
time and strength by this method, and they pursue the 



GOVERNOR THOMAS THEODORE CRITTENDEN. 409 

after-course of culture, provided in the Agricultural College 
of the University, with more zest and profit than they do 
by wearisomely wading through as preparatory to their 
agricultural studies for which actual experience in the 
school-house, and on farms, have so well prepared them 
before coming to the University. 

By this arrangement the graduates from the profes- 
sional part of the Agricultural College course have the 
privilege of pursuing their subsequent studies as post 
graduates, which gives them certain advantages and also 
relieves them from certain charges. Moreover, by this 
method, no young man is cut off or debarred from the direct, 
practical advantages of the special agricultural course. 
And when he has acquired that, it is his option whether he 
will or will not continue his general studies. The farming 
interest dominates every other in our State, for it contains 
about three-fourths of our population and about two- 
thirds of our taxable property, and it is therefore a matter 
of no small concern that the Agricultural College of our 
University is making such determined and well directed 
efforts to promote this interest. Prof. J. W. Sanborn, 
who has been in charge of this college for the last three 
years, commands the confidence of our people as eminently 
qualified for his important position. It would be a wise 
policy to provide liberally for facilitating the work of this 
college by giving the farm a complete outfit of improve- 
ments; by organizing in connection with it a department of 
veterinary surgery and microscopy, and by erecting a suit- 
able chemical laboratory. Our business interests commend 
these topics as worthy of immediate attention. I especially 
call your attention to the importance of establishing the 
office of Veterinary Surgeon, a#d appropriating a sufficient 
amount to command the best talent on that subject. The 
deadly diseases affecting the cattle, horses and hogs, not 
only in our own State, but also over the whole west, within 
the last year, are a sufficient warning to prepare for the 
future. This office, if created, should be in connection 
with the Agricultural Farm of the University. 



410 MESSAGES AND PROCLAMATIONS OF 

The Thirty-second General Assembly appropriated 
$1,000,000 for improving the main University building. 
With due diligence plans were obtained and approved and 
contracts for the work were awarded as provided by law, 
and ground was broken October 10, 1883. The time con- 
sumed with preliminaries was unavoidable. The first pre- 
mium for architect's plans was awarded to H. W. Kirchner of 
St. Louis, and the second to Fred Bell of Fulton, Mo., and 
those gentlemen were employed as associate superintendents 
of the work on a commission. The general building con- 
tract was awarded to Patrick Mulcahey of St. Louis, and 
the contract for heating to E. D. Mier of the same city. 
The entire improvement is nearing C9mpletion. The in- 
terior of the old building has been transformed, and the 
west room, including the new museum and class rooms, is 
about ready for occupation. The new east room, contain- 
ing the auditorium on the ground floor and the library room 
above, will be ready for occupation by the 1st of March. 
It is hoped that the Legislature will make suitable provision 
to seat this room before it is occupied by the Press Associa- 
tion of Missouri in the spring of 1885. It will comfortably 
accommodate an audience of 1,500 persons. The contracts 
for the work provided that it should be completed by Sep- 
tember 1, 1884, but they properly had a weather clause in 
the contract and the severity of last winter and the unusually 
unpropitious past season for building have caused un- 
avoidable delay. The improvement was carried forward 
in good faith and with commendable diligence. The report 
of the visiting committee of the House will give detailed 
information concerning the building. 

It is certainly gratifying that this large appropriation 
has met with such universal approval and commendation 
at home and abroad, and the expenditure of the money has 
been marked by the utmost care and fidelity. It is prob- 
able that the State never accomplished more work with the 
same amount of money, nor acquired so much honorable 
distinction at so small a cost. The time has come when the 
public at large begins to look to Missouri the leading 



GOVERNOR THOMAS THEODORE CRITTENDEN. 411 

State of the Mississippi valley in material resources, and 
now only the sixth from the top mark in political impor- 
tance in the entire thirty-eight States to take first rank 
also in intelligence and educational facilities. Any national 
system of universal suffrage must be based on universal 
intelligence and honesty. Our elective franchise is now prac- 
tically universal and only dreamers have ever thought of 
justifying universal suffrage otherwise than by universal 
intellectual and moral education. But experience tells us 
that universal education in the State transcends individual 
and private enterprise, and must be attained only by State 
aid. Both in theory and practice the States of our Union 
are no exception. They all have their public schools and 
universities. Even Japan, at Tokio, China, at Pekin, 
India, at Calcutta, and Egypt, at Cairo, has its university. 
There is not a State of Europe, from Russia to Spain, from 
Greece to Great Britain, without its university. The higher 
its civilization and political consequences in Europe, the 
more emphasis is given to this line of educational work by 
each of the several States. Universities and colleges are 
as essential to popular education as the common school 
system. Both systems should receive the liberal support of 
the State if it is desired to place the State in the front rank 
of thought, progress, prosperity and advancement. The 
calcium light of this age is turned in criticism upon the 
State that lags behind in education, and in commendation 
upon that State which opens its school houses with the same 
freedom to the rich and poor. Mr. Jefferson said in a letter 
to Hon. Wm. T. Barry, of Kentucky: "Learned institu- 
tions ought to be favorite objects with every free people. 
They throw that light over the public mind which is the 
best security against crafty and dangerous encroachments 
on the public liberty. They are nurseries of skillful teachers 
for the schools distributed throughout the communities. 
They are themselves schools for the particular talents re- 
quired for some of the public trusts, on the able execution of 
which the welfare of the people depends. They multiply 
the educated individuals, from among whom the people 



412 MESSAGES AND PROCLAMATIONS OF 

may ekct a. due portion of their public agents of every de- 
scription; more especially of those who are to frame the laws, 
by the perspicuity, the consistency and the stability, as 
well as by the just and equal spirit of which the great social 
purposes are to be answered." 

The common school and the higher academic educa- 
tion, North and South, naturally started in the race hand 
in hand in our early history, and it became the established 
and historic colonial custom and policy to aid schools of 
all grades with public as well as private funds. This ex- 
plains the origin of the policy and practice of our govern- 
ment, for more than a century, in aiding schools of all 
grades by generous land grants. Missouri, like other new 
States, has shared liberally of the public domain for school 
purposes. By this aid our original public school system, 
consisting of the common schools and of the university, 
was founded, and more than four-fifths of the present 
endowment of our university, including the Agricultural 
College, is from the same source. We speak with much 
pride of our public school funds, in comparison with other 
States, of which I have spoken in another place. Our 
State university, however, has not been placed on a financial 
footing equally favorable for comparison. 

But perhaps the time has now come to do so by helping 
ourselves in the same liberal spirit in which we have been 
helped, for the material prosperity of the State at this 
time, fully warrants it, and a sense of independence and of 
self-respect should constrain it. Missouri is able to take 
care of itself in an educational line. It is proud of its own 
capacity and willingness. However much many of our 
best citizens may look towards the general government for 
educational aid at the present time, I think it safer and 
more in the line of the thought of the fathers to depend upon 
our own ability. In 1822 Mr. Madison said: "It is among 
the happy peculiarities of our Union that the States com- 
posing it derive from their relations to each other and to the 
whole a salutary emulation without the enmity involved 
in the competitive States ali^n to each other. This emula- 



GOVERNOR THOMAS THEODORE CPVITTENDEN. 413 

tion we may perceive is not without its influence in several 
important respects, and in none ought it to be more felt 
than in the merit of diffusing the light and advanatges of 
public instruction. In the example, therefore, which Ken- 
tucky is presenting, she not only consults her own welfare 
but is giving an impetus to any of her sisters who may be 
behind her in the noble career." I favor the broadest 
system of education. It is the least costly of all the legis- 
lative benedictions upon the State, and is the greatest safe- 
guard against all crimes and public calamities. Knowledge 
will ever govern ignorance, and a people who mean to be 
their own governors must arm themselves with the power 
which knowledge gives. Many deem the accumulation of 
vast wealth in the hands of a few in our land as dangerous 
to the liberties of all. If so, the antidote is in education, 
not in abuse, not in mobocracy, for there is no eheck upon 
the aristocracy of wealth so effectual as the equality of 
knowledge. A people well educated will never be the slaves 
of tyrants or the tools of demagogues. When the bloody 
Morillo overran the fair province of New Grenada he sought 
to exterminate the seeds of liberty and crush the germ of 
revolution by putting to death every man who could read 
and write. The rest, he wisely thought, would be slaves. 

I am more and more convinced of the wisdom of placing 
the State University upon a more solid foundation by pro- 
viding an ample and permanent endowment for it. This 
can readily be done by setting apart an interest-bearing 
certificate of endowment. In a former message I used the 
following language in reference to this subject: "The annual 
interest on the certificate could stand in lieu of the appro- 
priations asked for at each meeting of the General Assembly. 
This policy would not increase the expenses of the State, 
while it would secure certainty and uniformity of income, 
upon which the authorities of the University and associate 
institutions coukl always depend." Indeed, it is plain that 
such a course would be a saving to the State, for the cer- 
tificate would predetermine the formulation of the Uni- 
versity item in the biennial appropriation bills, aod d^ away 



414 MESSAGES AND PROCLAMATIONS OF 

with the wasting of time and money in discussing the same 
subject over and over again and avoiding the oft recurring 
scene of presidents, professors and other gentlemen lobbying 
in favor of a meagre appropriation in behalf of the State 
University, and by anticipating in a definite business way 
the income available, it would be used more efficiently and 
profitably to the State. If asked to suggest the amount of 
the certificate to be added to the present endowment, I 
should say: not less than one million dollars, and that bear- 
ing 6 per cent, per annum interest. Certificates already 
issued by the State to the various school systems should 
have that uniform rate of interest. This certificate would 
not increase the debt nor the taxes of the State one dollar; 
would in fact be a part of its wealth and its honor, giving it 
strength at home and reputation abroad. Missouri is in 
the centre of an educational circle of States, which are 
rapidly assuming an advanced position on this bulwark of 
strength and greatness. Texas, Kansas, Iowa, Wisconsin 
and Illinois are challenging admiration in this "broad field 
of battle," and Missouri must gird up its loins for greater 
exertions, else it will pass to the rear and no longer be a 
"hero in the strife." This should not be. Population and 
wealth follow progress and intelligence. There is strength 
in well directed liberality; there is weakness in inconsiderate 
parsimony. In the words of the wise man: "There is 
that scattereth, and yet increaseth; and there is that with- 
holdeth more than is meet, but it tendeth to poverty." 
The University should be placed on as firm a basis, and 
rendered as independent as the common school system of 
the State. Endowments beget endowments, and largely 
endowed colleges ever receive the largest foreign a well as 
domestic patronage. 

Doubtless the Board of Curators and the visiting com- 
mittee will in their reports to the General Assembly, submit 
to your consideration these and other matters of much im- 
portance, affecting the University. My apology for having 
spoken at such length on the University is my profound 
interest in that institution of learning, which, being not 



GOVERNOR THOMAS THEODORE CRITTENDEN. 415 

only the oldest, but also the central one of the State, and 
must, in the nature of things, either be the "crown of glory," 
or the shame of this great State, depending alone upon the 
manner of legislation bearing upon its existence. In the 
words of old John Adams, when both blind and paralytic, 
I say: 

"The Universities and schools mutually support each 
other; the schools furnish students for the colleges, and 
four years afterwards the colleges send the young men into 
the country to keep school." 

So, keep both in full force and strength, as vigilant 
supplements to the prosperity of Missouri and the freedom 
of our people. "What spectacle," in the words of Mr* 
Madison, "can be more edifying or more reasonable than 
that of liberty and learning, each leaning on the other for 
their mutual and surest support." 

SCHOOL OF MINES. 

This school is not in as prosperous a condition as could 
be desired. From some cause it has not been patronized 
as was expected. It is eligibly located at Rolla, Phelps 
county, whose citizens are intelligent and enterprising, and 
is presided over by an accomplished President. The Legis- 
lature should consider the propriety of removing the school 
to Columbia, creating a separate professorship for that 
branch of learning, and substituting in its place at Rolla a 
normal school, which would be of more utility to that part 
of the State, and especially so to Rolla. There are sixty 
students in attendance at the school this year and a very 
large proportion of those, so I am informed, are in its pre- 
paratory department. 

MANUAL TRAINING SCHOOL. 

I now call your attention to another system of educa- 
tio which should sooner or later be made a part of our 
general system. It enters so intimately into all the other 
branches that no State can afford to disregard its practical 



416 MESSAGES AND PROCLAMATIONS OF 

usefulness. The progress of the age demands a further 
enlargement of our educational facilities. Industrial art 
has become one of the most productive factors of national 
wealth. A superiority in handicraft has often changed the 
channels of commerce. The experience of modern Europe 
forcibly illustrates the value and necessity of skilled labor. 
The industrial competition between France and England 
is replete with instructive suggestions. The polytechnic 
schools of Europe are prolific sources of national opulence. 
Prior to 1851, the manufactories of "Europe were largely 
fashioned by the hands of uneducated workmen, wholly 
unlearned in the higher arts of their calling, but the wares 
of France were embellished with a beauty derived from 
trained intelligence. The greater excellence and attrac- 
tiveness of French goods, secured a large part of the patron- 
age which had formerly enriched England. The losses to 
which the infirmity of its artisans subjected Great Britain 
were enormous. In order to regain its manufacturing 
ascendancy, England has spent millions of dollars on its 
polytechnic schools and the result has shown the wisdom of 
the expenditure. Latterly Germany has been devoting 
much attention to the education of its workmen, and the 
higher finish of their products attest the effect of the train- 
ing. In some respects the polytechnic schools of Russia 
are the best in the world, and they are exerting a very 
beneficial influence upon the practical arts of that realm. 
Such institutions, though comparatively recent in the United 
States, have long existed in the foremost countries of Europe, 
and their usefulness has effectively promoted the material 
greatness of the lands in which they have been located. 
The United States may profitably imitate examples so 
productive of wealth. The prosperity of modern nations 
is based upon the foundation of intelligence of manual skill. 
An ignorant population is sure to fail in a competition for 
manufacturing and commercial supremacy. The spirit of 
the age demands an universal system of industrial educa- 
tion. The rich resources of Missouri require skillful work- 
men for their full development. The hamd-s of our youth 



GOVERNOR THOMAS THEODORE CRITTENDEN. 417 

should be educated by manual training schools. Handi- 
craft is an efficient ally of science. Equipped with a 
thorough mastery of principles and with a practiced dex- 
terity in the use of tools, the young men of this common- 
wealth may go forth to the industrial battles of life with an 
assured confidence of victory. The artisan intelligently 
skillful in his craft, produces the best work and commands 
the highest wages. His dexterity is a guarantee of steady 
employment. In periods of industrial depression, the work- 
ing force reduced, it is always the ignorant and less produc- 
tive who are discharged. The instruction given in manual 
training schools is necessarily rudimentary. It does not 
pretend to fit lads for the practice of any technical profes- 
sion. It must be supplemented by the tuition of the actual 
workshop. But it familiarizes boys with the handling of 
tools, shortens the term of apprenticeship, develops natural 
aptitudes, cultivates mechanical, and fosters an inventive 
spirit. Technical education strengthens manhood, cul- 
tivates independence and self-reliance, and enables the 
penniless boy to obtain an easier start in life. I think 
manual training should be incorporated in our system of 
public instruction and be taught in every school of the land. 
If all the young men of this State had educated minds and 
dextrous hands, Missouri would soon occupy its rightful 
place in the front rank of American progress and greatness. 
I favor those measures that will educate our young, guard 
their habits, give them means of labor and that will elevate 
Missouri to that point where it will be a pattern of all ex- 
cellence. 

Having now completed my reflections upon the school 
system of the State, from the Kinter Garten to the Uni- 
versity, invoking the most vigilant guardianship over all, 
let me especially ask that no unfriendly hand be laid upon 
the common and Normal schools; those schools that are 
so near the door of every citizen, and which truly can be 
called "the poor man's friend." No party can strike them 
down without striking down its own existence and suprem- 
acy, and no party can stand before the people of Missouri 

14 



418 MESSAGES AND PROCLAMATIONS OF 

for one day as the antagonist of schools and the enemy of 
education. God forbid that it ever should! Whenever 
such a hand is put forth against these schools a swelling 
chorus of voices should be heard from one end of the State 
to the other, exclaiming: 

"Woodman, spare that tree, 

Touch not a single bough, 
In youth it sheltered me, 

And 1*11 protect it now." 

SCHOOL BOOKS. 

One of the most important questions that can engage 
your attention is the law regulating the adoption of text- 
books in our common schools. This question has assumed 
such proportions as to vitally interest every patron of the 
public schools. It is now an economic question in every 
household. Our present laws were framed with the purpose 
of avoiding the very evil which they have made possible. 
The contests between the various publishing houses for 
supremacy in securing the adoption of their respective 
books, have, in many instances been both disgraceful and 
expensive to the participants. To avoid a recurrence of 
this labor and expense, several of the leading publishing 
houses have formed a pool, so that no matter which system 
or series of books may be adopted in a county, the result is 
the same to all the houses in the pool. The result is that a 
monopoly has fastened itself upon the people of Missouri 
which calls loudly for your interference. In my judgment 
there are but two remedies for this evil. The first of these 
is to provide for the selection of text-books by the board of 
directors in each school district separately. This plan is not 
without objections, but I should regard it as, in every way, 
superior to the one now in force. The other plan, while 
involving a radical change in the law, has much to recom- 
mend it. Governor Sherman, in his recent biennial message 
to the Iowa legislature, in discussing the same question, 
says: 



GOVERNOR THOMAS THEODORE GRITTENDEN. 419 

"I respectfully ask your attention to a matter not mentioned in the 
report, but which I believe to be an important one to the State. I allude 
to the subject of 

SCHOOL BOOKS, 

which has grown to be a very serious one to very many of the people. 
Every head of a family is cognizant of the fact that one of the most 
expensive items connected with the education of his children, is that for 
the purchase of school books, and. when he removes from one district 
to another, he is often subjected to the necessity of purchasing an en- 
tirely new series, different from that obtained in the locality where he 
previously resided, although in the same county. That this is a serious 
and expensive matter, is known to every parent, and ofttimes the cause 
of real embarrassment. Every one knows, too, the enormous profit 
enjoyed by the publishers of these text books, averaging, as it does, 
over one hundred per cent, above the cost of publication. In order to 
relieve a large proportion of our people, and as well to establish uni- 
formity throughout the State, which in itself is a great desideratum, I 
am earnestly in favor of the State adopting and publishing a series of 
elementary books intended for the earlier instruction of the pupils in 
our schools, which shall obtain in all our schools. A committee of com- 
petent educators, citizens of our own State, can easily be secured who 
can prepare and edit these works, and the State publish the same, fur- 
nishing the books at cost price, and thus insure great saving to the people 
and the State. 

"I am thoroughly satisfied of the feasibility of this suggestion, and 
would be glad to see it adopted by the General Assembly. There is no 
good reason why hundreds of thousands of dollars should thus be ex- 
pended without the State, to the pecuniary advantage of a few book 
publishers, when the State through its own publication of these works, 
can save so much to its own people. 

I commend the subject to your unprejudiced consideration." 

I believe with Gov. Sherman, that the plan providing 
for the publication of a series of text-books by the State, is 
feasible, and furnishes a solution of this important question. 
I earnestly urge you to give this matter the attention its 
magnitude and importance demand. Many of you have 
personal knowledge of this matter and will, therefore, feel a 
personal interest in its proper adjustment. 



LUNATIC ASYLUMS. 

There is no class of humanity so deserving of sym- 
pathy and the best efforts of philanthropy as the insane. 
They appeal to us, by every feeling of humanity, for assist- 



420 MESSAGES AND PROCLAMATIONS OF 

ance. From the exhaustive report of Dr. T. R. H. Smith, 
superintendent and physician in charge of Fulton Lunatic 
Asylum, I learn that the institution is in excellent condition 
and I am convinced that it is managed with great prudence 
and economy. I feel it to be my duty, however, to call your 
attention to the meagre provision made for the care of the 
insane in this State. Both the Fulton and St. Joseph 
asylums are now overcrowded. Each of these asylums 
now has one hundred more patients than it can properly 
care for. In addition to this there are about 2,500 insane 
in the State outside of asylums, confined in jails and poor 
houses, or not cared for at all. This state of affairs ought to 
be permitted to exist no longer. It cries to heaven against 
us. Adequate provision ought to be made at once for the 
proper care and treatment of these unfortunate people. 
The recommendations upon that subject are so intelligently 
and fully set out in Dr. Smith's report (which will be laid 
before your honorable body), and are supported by such 
cogent reasons that I commend them to your earnest atten- 
tion, and endorse them as worthy of your best thoughts 
and efforts. Dr. Smith's report is a most valuable docu- 
ment and is entitled to a careful perusal. I have not had 
an opportunity to examine the report of Dr. Geo. C. Giatlett, 
superintendent cf Lunatic Asylum No. 2, at St. Joseph, 
but from the synopsis of the report furnished me, I believe 
that institution to be in excellent condition. Its manage- 
ment is alike creditable to the intelligence, humanity and 
honesty of the officers in charge. The fifth biennial report 
of the superintendent will be laid before you in due time, 
with the recommendations for the necessary appropriations. 
The legislature ought not to hesitate to comply with the 
suggestions of Dr. Catlett, who is in every respect well 
qualified for his important work. 

The overtaxed condition of the Insane Asylums is a 
shame to Missouri. The capacity of the several asylums 
is as follows: 



GOVERNOR THOMAS THEODORE CRITTENDEN. 421 



St. Louis. 
Fulton. . . 
St. Joe.. . 



Total . 



300 
450 
250 



1,000 



They are attended as follows: 



St. Louis. 
Fulton . . . 
St. Joe . . . 



Total . 



900 
550 

270 



1,720 



These figures present their own condemnation and place 
the State in no favorable light before the humane world. 
This is the darkest spot on its bright character. But still, 
the whole story is not yet told. There are in the State 2,300 
insane persons who cannot be accommodated, which is a 
still greater shame upon the State than the one already given. 
According to the tables of neurologists at least 50 per cent, 
of these can be saved, if taken in time. If neglected, the 
whole of this number will become permanently insane and 
be a constant burthen upon' their guardians and the State. 
If the question is considered from an economical standpoint, 
it will be much cheaper in the end to provide suitable asy- 
lums. No State can afford to place itself upon that miserly 
plane when the afflictions of humanity appeal to the broadest 
sentiments of the heart and the wisest conceptions of the 
brain. This assembly should provide another Insane 
Asylum in one of the eligible points of the State; also enlarge 
those already built. 

DEAF AND DUMB ASYLUM. 

Dr. W. D. Kerr, the superintendent in charge of the 
deaf and dumb institution at Fulton, makes an admirable 
showing of the condition of that institution in the synopsis 
of his report furnished me. 284 pupils have been taught 



422 MESSAGES AND PROCLAMATIONS OF 

there within the last two years. There are 208 in attendance 
at this time. The building has been greatly enlarged and 
improved with the money appropriated by the last General 
Assembly. I suggest that a reasonable appropriation ought 
to be made for the purpose of buying carpets for the rooms, 
and perhaps other articles necessary to the comfort of the 
children. The managers of the asylum will recommend to 
you the establishment of an institution for the care and 
education of the feeble-minded. They will present the 
matter to you in detail, with the reasons for their recom- 
mendation. It is a grave question and worthy of your 
serious attention. I believe that such an institution should 
be provided, as by proper training many of the feeble- 
minded of our state could be taught to be self-supporting. 

THE MISSOURI SCHOOL FOR THE BLIND. 

The reports of the superintendent and trustees of the 
Missouri school for the blind are very full and explicit, and 
make a most satisfactory showing of the progress made by 
the pupils of that institution, and give evidence of an honest 
and economical administration of its finances. 

The State has always evinced an enlightened liberality 
in providing for the education of its blind; nor can the re- 
sources of the State be more humanely or wisely expended 
than in liberal appropriations for their education. It is the 
chief object of the Missouri school for the blind to teach its 
pupils such branches and mechanical industries as they may 
most readily utilize in their own maintenance. In the 
language of Dr. John T. Sibley, the efficient superintendent 
of this school: 

"The object of the school is to make the blind self-sustaining, and 
to the extent that it fails in this, just to that extent does it fail in its 
chief object. The question then arises: Do the graduates of the school 
support themselves? In a majority of eases they do. In some cases 
they do not." 

No stronger statement than this can be made regarding 
the graduates of our best colleges, and if any considerable 
number of the graduates of this school can be educated to 



GOVERNOR THOMAS THEODORE GRTTTENDEN. 423 

the point of becoming self-sustaining, the State is amply 
compensated for all the money expended in the accomplish- 
ment of so grand a result. 

The economy of the management is shown by the fact 
that an unexpended balance of $11,218.44 remains of the 
amount appropriated by the last General Assembly. In 
the report made to me by Mr. Richard M. Scruggs, president 
of the board of trustees, an appropriation of $52,000 is 
asked for the years 1885-6, as follows: 



For maintenance 


$36,000 OC 


For pay of officers, employes, etc 


16,000 OC 







This is $5,000.00 less than the sum appropriated for the 
last two years. I trust that you will not hesitate to appro- 
priate the sum asked for. During the years 1883-4, 147 
pupils were in attendance, which is an increase of 34 over 
the years 1881-2. The reports of the superintendent and 
trustees, which will be laid before you, will give you, in detail, 
all the information necessary to a thorough understanding 
of the work and wants of the school. 

TOPOGRAPHICAL SURVEY. 

An act was passed by the last General Assembly, entitled 
"An act to provide for a topographical survey of the sunk 
and overflowed lands of Southeast Missouri, and to appro- 
priate money therefor," under the provisions of which, on 
the 25th day of April, 1883, I appointed James F. Brooks, 
of Cape Girardeau county, as a skilled and competent civil 
engineer to take charge of and supervise the work of the 
survey. 

This appointment was made upon the recommendation 
of many of the representatives and leading citizens of 
southeast Missouri, who strongly endorsed his competency 
to successfully manage that important enterprise. 

The sum of $9,000 was appropriated to pay the expenses 
of making the survey and preparing proper charts, maps, 



424 MESSAGES AND PROCLAMATIONS OF 

plats, profiles, field notes, explanatory notes and other 
necessary information as the act requires. 

Of this sum the engineer has drawn from the State 
Treasury $8,142.23. He has made no report to me of the 
progress made in his work. Complaints were made to me 
that he was not performing the work contemplated in the 
aet under which he was appointed, and I addressed several 
communications to him, calling upon him for a report or 
showing of the progress made in the survey. After repeated 
solicitations, he visited Jefferson City and assured me, in 
person, that he was engaged in the performance of his duties, 
and that he would complete the survey in a manner satis- 
factory to the people. 

Since that visit I have heard nothing from him, and 
know nothing of the progress made in his work. I would 
have removed or suspended him from his office if the power 
to do so had been vested in me, but, having no power to 
interfere, I have been compelled to await the final result of 
the matter, without action upon my part, although dis- 
satisfied with his conduct and methods. Such a survey 
should be made of the sunk and overflowed lands of south- 
east Missouri, as is contemplated in that act, as it is believed 
that a vast quantity of valuable land may be reclaimed and 
made productive. I trust that you will take such action 
as will insure a survey of the lands, and to that end you 
should confer the power upon the Governor to remove the 
engineer in charge, whenever it shall be made to appear to* 
him that he is neglecting his duty. An investigation of the 
conduct of the present engineer should be had, and if it be 
ascertained that he has neglected his duty while receiving 
this large amount of money from the State, or if he has 
improperly drawn the money, he should not be permitted 
to escape the just consequences of his conduct. 

COUNTY ROADS. 

The present road law should be revised, it having failed 
to accomplish the good that was expected of it, the result 
being bad roads over the greater part of the State, which, 



GOVERNOR THOMAS THEODORE CRITTENDEN. 425 

with care and industry, could be made good natural roads, 
at least during the greater part of the year. I think the 
contract system should be substituted for the present 
system. This plan provides for the employment, by the 
County Court, of as many day or annual laborers as may be 
necessary, who shall work under the supervision of an ex- 
perienced builder of roads, and whose whole time shall be 
devoted to the repairing and construction of roads and 
bridges. I am informed that Maryland and New York have 
had this plan in operation for years, and it has met the 
sanction of the public. This force will have to be paid by a 
tax levied for that special purpose. The improvement in the 
character of our roads would more than compensate for 
the additional cost of their construction and maintenance, 
and nothing adds more to the reputation of a county than 
the excellency of its public roads. Of course this tax will 
have to be paid in money, and that means a higher road 
tax, but in the end, the system will be found cheaper and 
more effective than the present slovenly method. 

THE WORLD'S EXHIBITION AT NEW ORLEANS. 

This exhibition is now in operation. It has the sanction 
of the Congress of the United States, and all the nations of 
the earth have been invited to exhibit their wares in this 
great bazaar, by the President of the United States. Under 
the act of Congress, each State and Territory was invited to 
recommend the name of some suitable person for commis- 
sioner at the exhibition, to represent the State, and some 
other one as the alternate, to the President of the United 
States for commissioner. Upon the recommendation of 
Edward Harrison and Judge Breckenridge, of St. Louis, I 
appointed F. F. Hilder, of St. Louis, as such commissioner, 
and upon my own volition I appointed Hon. C. P. Ellerbee, 
of the same city, as the alternate. These gentlemen re- 
ceived no compensation from the Government or State. Mr. 
Hilder entered actively upon his duties at once. By his 
industry and the assistance given in St. Louis, and by the 



426 MESSAGES AND PROCLAMATIONS OF 

citizens of Missouri, he has accumulated large exhibits of 
the arts, manufactures and products of the soil and mines 
of this State. Under date of Dec. 18th, 1884, he writes 
me from New Orleans: "I am busily engaged in getting 
into shape the large arrival of goods from Missouri. When 
completed I think I shall have a display which will be a 
credit to the State, and better than could have been expected, 
considering the small amount of funds I have had to work 
with, compared to other States." Not a dollar has been 
given by the State to this great enterprise. The money upon 
which Maj. Hilder has operated is that advanced by the 
generous citizens of St. Louis, and $5,000 of the $1,000,000 
loaned to the exposition by an act of Congress. Whatever 
sum was advanced to Maj. Hilder by those citizens, for the 
advancement of the interests of this State at the exposition, 
should be returned, with reasonable interest, by an act of 
this Assembly as soon as sufficient evidences of the advance- 
ments are presented to this body. It is well that Missouri 
is represented at this great exposition. It cannot afford to 
be presented there as a beggar and in a beggarly way. It 
is a great State and should be presented in a way becoming a 
great State. 

FOREIGN LOANS. 

I recommend that section 4193 of the Revised Statutes of 
1879 be repealed. This section of the law adds nothing to 
the material wealth of the State, and has been recently the 
source of such an apprehension in financial circles that large 
amounts of money have been withdrawn, by foreign cor- 
porations, from the State, thereby seriously affecting its 
commercial interests. 

EXECUTIVE MANSION. 

This building is in better condition to-day than it has 
been in for a number of years. In order to make it a pleasant 
and comfortable home for the outgoing and incoming Gov- 
ernor a number of bills have been unavoidably made, which 



GOVERNOR THOMAS THEODORE CRITTENDEN". 427 

should be paid. They will be presented before the proper 
committee. It is now one of the handsomest Executive 
Mansions in the United States, which has been as carefully 
managed and preserved by the better part of the executive 
office as if it had been her individual property. 

CATTLE DISEASE. 

Some legislation should be had to protect the stock 
interests of this State against infectious and other deadly 
diseases. I suggest that the Executive of the State be in- 
vested with the power, under certain emergencies, to issue 
his proclamation quarantining this State for a specified 
period against cattle and other stock from localities infected 
with dangerous diseases. Such legislation exists in Illinois 
and Kansas and possibly other surrounding States, and 
Missouri should be equally as vigilant in guarding its large 
stock interests. 

PUBLIC HEALTH. 

In pursuance of the provisions of the act of the General 
Assembly, I appointed seven physicians as the "State Board 
of Health of Missouri." The board has performed a large 
amount of work since its appointment, the report of which 
will, in due time, be laid before your honorable body. 
This board is composed of active and intelligent physicians, 
who have given their time and labor to the cause of humanity 
without compensation. The beneficial results from the 
action of the board so far surpasses in value to the State the 
meagre sum appropriated for such purposes that I strongly 
recommend an increased appropriation for the use of the 
board. It is thought by many wise men that this country 
will be visited by cholera during the next season. If those 
apprehensions are well founded this State should be prepared 
to meet this pestilence "that walketh in darkness,'* and is 
the cause of such terror to the people. No State should be 
without its external and internal defenses against its ap- 
proach, not only upon the principle of humanity, but also 



428 MESSAGES AND PROCLAMATIONS OF 

of commercial policy. I advise a readiness to defend against 
it. In such a contest money is no consideration. Dr. 
Ranch, at the National Conference of the State Boards of 
Health, held in St. Louis in October last, stated that the 
disease had cost Southern Europe this year upwards of a 
hundred million dollars. I appreciate the fact that there is 
here and there some dissatisfaction with the Board of Health, 
and there will be with any board, but at this time the State 
cannot afford to dispense with its intelligent services, while 
greater power should be given it to meet any extraordinary 
emergency that may arise. Dr. Gregory voluntarily retires 
from the board on the 1st of January next, which will be a 
great loss to it, as he commands the confidence and love of 
his professional brethren. 

SUPREME COURT COMMISSION. 

Since the creation of this Commission by the last 
General Assembly, it has done excellent work, fulfilling the 
expectations of the court and the friends of the respective 
Commissioners. Since it entered on its duties, Judge Charles 
A. Winslow one of its members died, and Judge H. Clay 
Ewing was appointed in his stead. Judge Winslow was an 
honor to his profession, the Commission and the State. The 
Supreme Court is still much behind in its work. I think the 
Commission should be continued for two years more. With 
the conjoint labors of the Commission and the Court of 
Appeals, just established at Kansas City, I think the large 
number of cases so long postponed, will be heard and decided 
within the next two years, and there will no longer be a 
denial of justice to those engaged in legal controversies. 
The hardship of these delays fall the more heavily upon those 
who are unable to stand the postponement, and are neces- 
sarily driven to any compromise rather than prolonged 
litigation. After those deferred cases are determined, then 
the services of the Commission can be dispensed with, leav- 
ing the appellate duties upon the courts of St. Louis, Kansas 
City, and the Supreme Court. It will be a day of gratifica- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 429 

tion, alike to the litigants, the lawyers and the courts when 
it can be said that the appellate courts are fully up in their 
business. 

By the adoption of the last Constitutional Amendment, 
the St. Louis and Kansas City Courts of Appeals have juris- 
diction in all cases of misdemeanor. No provision exists 
for the State to be represented before these courts in such 
cases. Many of them are quite important, involving intri- 
cate questions of law. This Assembly should cure the defect 
in some way, either by requiring the Attorney-General or 
the attorney representing the State in criminal prosecutions 
in the county or city into which such appeals are sent, to 
represent the State before the appellate courts. A reasonable 
compensation should be paid by the State for such labor. 
Some provision should also be made to pay for printing of 
briefs made in behalf of the State, Both should be paid 
from the fund set apart for the payment of criminal costs, 
when certified to the Auditor by the court in which the prose- 
cution is had. 

COURT OF APPEALS. 

The amendment to the Constitution establishing the 
Kansas City Court of Appeals, having been adopted at the 
late election, it devolves upon this Assembly to enact such 
legislation as will make the amendment operative. Section 
9 of the amendment reads as follows: 

"The State shall provide a suitable court room at Kansas 
City in which the Kansas City Court of Appeals shall 
hold its sessions; also a clerk's office and furnished offices for 
the judges." 

As the court is required by the amendment to commence 
its labors on the first Monday in March next, a bill should be 
passed without delay in conformity with the requirements 
of section 9, regulating the fees of the clerk and providing 
for the appointment and compensation of the necessary 
officers of the court, and appropriating a sufficient amount of 
money to supply the court and clerk's office with all the 
necessary records and stationery. 



430 MESSAGES AND PROCLAMATIONS OF 

As there is a lack of such text-books as the court may 
require in the law library at Kansas City, I recommend the 
appropriation of one thousand dollars to be used for the 
purpose of purchasing such books under the direction of the 
presiding judge of the court. 

MILITIA. 

I think the State should no longer neglect this branch 
of its strength. It may not be required to-day nor to- 
morrow nor next year, but the time may and will inevitably 
come when it will be badly needed. It was only the foolish 
virgins who put no oil in their lamps. The only way to 
upbuild and maintain a militia force is to encourage its 
members through reasonable appropriations for necessary 
and legitimate expenses. There is a commendable disposi- 
tion among the young men throughout the State to enter 
into military organizations and to donate a reasonable por- 
tion of their time for purposes of drill and encampments, 
without compensation, but few of them can afford to give of 
their small means a sufficient amount for uniforms and out- 
fits. This should not be expected by any liberal State. No 
State is safe for one day without such organizations. In 
this respect, the present and future are not like the past. 
Times have changed and so have the minds of men. There 
are many turbulent spirits constantly engaged in stirring 
or attempting to stir up strife and disobedience to law 
among the wage workers of the country. With credit, be 
it said, that up to this time, that large class of industrious 
and law abiding people has disregarded their reckless 
appeals, fully understanding that alone under good govern- 
ment and quiet times, do the laborers receive just compensa- 
tion for their work. This disposition should be encouraged 
by good government and reasonable compensation; and these 
workers of evil should be held in subjection by the terrors of 
the civil law. If that is not sufficient, then by the armed 
forces of the State. Let the State be ready for any emer- 
gency. While I am opposed, under our system of govern- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 431 

ment, to a large standing army; believing it to be inimical 
to the best interests of the country, I am in favor of an ade- 
quate volunteer force, skilled in the arts of war, that may be 
relied upon should circumstances demand the services of 
armed troops. I urge upon this body to make a just and 
reasonable appropriation to this important object. 



COSTS IN CRIMINAL CASES. 

There was appropriated by the last General Assembly, 
for the payment of costs in criminal cases, in 1883-84, 
$360,256.42. The basis of this appropriation was made 
upon that of 1881-82, without making allowance for the 
increased ratio of crime with the rapidly increasing popula- 
tion. The appropriation for 1883-84 was exhausted on the 
13th of December, 1884. The increased number of prosecu- 
tions and convictions had, in the last two years, together 
with the payment of the board of prisoners and jurors, are 
sufficient justification for this large expenditure of money, 
the board of the prisoners and jurors being about $80,000 
in the last two years. $400,000 should be appropriated to 
pay the cost in criminal cases in 1885-86. There should be 
no delay upon the part of the State in the payment of the 
legal fees due the officers of courts, jurors and witnesses. 
If possible, the causes of the accumulation of criminal costs 
should be diminished. A general complaint is heard from 
every part of the State, favoring in this respect a reforma- 
tion of our criminal laws. Every safeguard should be given 
the prisoner, and every facility to be heard in his defense, 
but the courts should see that those rights are not abused by 
trivial causes presented for the sole purpose of delay. As a 
rule, the most guilty are the most fruitful of resources to 
secure continuances. In 80 per cent, of such cases the State 
at last is required to pay the costs of the continuances, thus 
imposing an unjust tax upon the industries of our people. 
The evil calls loudly for legislative remedy. 



432 MESSAGES AND PROCLAMATIONS OF 



EXAMINING AND VISITING COMMITTEES. 

These committees are appointed by the Governor under 
an act of the Legislature, the former to examine into the 
accounts of the Auditor's and Treasurer's offices and the 
latter to visit the various public institutions of the State 
and investigate their condition, wants, success and manage- 
ment. The work of such committees is invaluable to the 
State and especially so to the General Assembly. I suggest 
that appropriations be made to pay these committees as 
soon as their work is done and they are discharged. As it 
is, they and their clerks have to await the passage of the 
general appropriation bill after their work has been com- 
pleted, which is usually one or more months, and this necessi- 
tates the more needy to have their accounts discounted 
at enormous rates. This should not be the case. The reports 
of these committees for this assembly will be comprehensive, 
imparting such knowledge as will be essential to intelligent 
legislation. I commend them to your closest examination. 

FISH COMMISSION. 

I call the attention of the General Assembly to this 
important branch of our State's wealth. The commission 
is composed of men of popular standing in the State, of 
great fidelity to this work, who serve without compensa- 
tion, giving their time from a sense of duty and a devotion 
to the expansion of such an interest in the State. Hereto- 
fore there has been appropriated three thousand dollars for 
the use of the commission. The work has attained such 
proportions that the appropriation should be increased to 
five thousand dollars, and also $2,000 for the construction 
of an aquarium car, in which to distribute the fish. Experi- 
ence teaches that they cannot be as safely and economically 
delivered in any other way. The railroad managers will have 
the car transported without cost to the State. I submit the 
following, recently received from one of the members of the 
commission: 



GOVERNOR THOMAS THEODORE CRITTENDEN. 433 

The work of this year is shown by the following synopsis 
of reports of the superintendents of the two State hatcheries, 
one of these hatcheries being in Forest Park, St. Louis, and 
the other near St. Joseph, Mo. Phil. Koppin, Jr., superin- 
tendent of the carp ponds in Forest Park, reports having 
supplied 451 private ponds with thirty carp each since the 
first day of November, 1884, to date; also 341 "spawners' 5 
and ten thousand small carp to the public waters, as follows: 

Creve Coeur Lake, St. Louis county spawners, 82; 
small carp, 1,000. 

Meramec river, at Pacific, Franklin county spawners, 
30, small carp, 1,000. 

Gasconade river, Gasconade county spawners, 30; 
small carp, 1,000. 

Missouri river, at Jefferson City, Cole county spawn- 
ers, 30, small carp, 1,000. 

Osage river, Osage county spawners, 30; small carp, 
1,000. 

Mr. Tracy, St. Louis spawners, 6. 

W. A. Long, Mound City spawners, 6. 

H. H. Bodeman, St. Louis spawners, 18. 

Big river, St. Francois county spawners, 30; small 
carp, 1,000. 

Black river, Butler county spawners, 30; small carp, 
2,000. 

Chariton river, Chariton county small carp, 2,000. 

I. Studi, Creve Coeur Lake, St. Louis county spawn- 
ers, 15. 

Leaving on hand of small carp about 50,000, and spawn- 
ers, 500. 

Reserving for 1885 as spawners, 450. 

Retaining for this year's spawn, 300. 

The spawners will average 6 to 10 pounds in weight. 

The commission reports 80,000 young carp on hand, 
which would have been distributed in the public waters 
before now, had sufficient means been provided. The only 
means now used are tubs and cans, which renders the process 
of removal slow, awkward and expensive. The commission 



434 MESSAGES AND PROCLAMATIONS OF 

will ask of this body an increase of appropriation to justify 
the commencement of the propagation of native fish, 
especially black bass, croppy, pike and perch commonly 
called jack salmon to open other ponds for propagation 
and to enlarge the old ones. It required a series of years to 
accomplish this work. Satisfactory results have been 
attained in other States engaged in such propagation. As 
one of the commission will say: "The great drawback to 
our operations is the hesitating manner in which past legis- 
latures have granted our small appropriations. It is im- 
possible for us to plan our work in advance for the next year 
without knowing we shall obtain money to execute such 
plans. Should we make expenditures beyond the amount 
of money on hand, expecting new appropriations for the 
next two years, and the Legislature should fail to make such 
appropriation, the commission would have to make good the 
deficiency from their now private purses. Of course we 
take such risks." 

This appeal should receive your kindly consideration. 

CHARITIES AND CORRECTIONS. 

The subject of prison management is engaging the atten- 
tion and ability of the ablest prison managers and philan- 
thropists of America. Annually a convention of that char- 
acter is held in one or the other of the States. It met last 
October in St. Louis, and was largely attended by delegates 
from a large number of States. This State was very ably 
represented in the convention by some of its foremost men 
and women, and at their own expense. The subject is so 
inportant, involving in fact one of the most intricate as 
well as dangerous problems of the age, that the leading 
nations of the world have determined to hold an inter- 
national convention at Rome, Italy, within the coming 
year. Missouri should be represented in that body by at 
least two representatives, to be appointed by the Governor, 
and an appropriation should be made to pay their reasonable 
expenses. The adjacent States have taken steps in that 
direction. 



GOVERNOR THOMAS THEODORE GRITTENDEN. 435 



BUREAU OF LABOR STATISTICS. 

Under an act of the Legislature, approved March 23, 
1883, establishing a Bureau of Labor Statistics, I appointed 
Hon. Henry A. Newman as commissioner of the bureau, 
and directed him to locate his office at Jefferson City. Dur- 
ing the two years since his appointment he has succeeded 
in gathering and collecting much information which must 
necessarily be of great value to your honorable body and 
to the public at large. His annual report, which has just 
been submitted to me, and which will be laid before you, 
is replete with valuable statistics, gathered from every de- 
partment of industry. The Bureau of Labor Statistics may 
be made, and should become, a valuable adjunct, in the 
efforts now engaging the attention of our wisest statesmen 
to discover the proper relations of labor and capital those 
two great coadjutors of national existence. Its utility having 
been demonstrated, the Legislature should consider the 
matter with great care, and assist the bureau with such 
appropriations as may be needed to render it efficient and 
valuable. Your attention is called to Commissioner New- 
man's report, in which many questions of vital moment to 
the laboring classes are intelligently discussed. 

REGISTER OF LANDS. 

The duties of this office have been performed by the 
Register and his accomplished chief clerk, with commendable 
industry, promptness and good judgment. The tables 
given show some of the important work performed in that 
office, in the interest of the counties and State. 



ABSTRACT OF BUSINESS, OFFICE REGISTER OF LANDS, FOR 

1881 AND 1882. 

TOWNSHIP SCHOOL LAND. 

No. of acres sold and patented 26 ,541 . 07 

Cash received for same $60 , 620 . 04 



436 MESSAGES AND PROCLAMATIONS OF 

SWAMP AND OVERFLOWED LANDS. 

No. of acres selected, approved and patented to the State 4 , 924 . 48 

SWAMP LAND INDEMNITY CLAIMS. 

Cash indemnity received, 1881 and 1882 $20,475.67 

Land indemnity received, 1881 and 1882 15 ,983 .36 acres 

BUSINESS, OFFICE REGISTER OF LANDS, 1883 AND 1884. 

TOWNSHIP SCHOOL LAND. 

No. of acres sold and patented, 1883 and 1884 26,942.73 

Cash received for same $75 , 295 . 93 

SWAMP AND OVEEFLOWED LANDS. 

No. of acres selected, approved and patented to the State. . . 35 , 762 . 49 
No. of acres approved but not yet patented 2,498 . 13 



Aggregate 38,260.62 



SWAMP LAND INDEMNITY CLAIMS. 



Cash indemnity received, 1883 and 1884 $22,740. 16 

Land indemnity received 11 ,995.45 acres 

In making the selections of the swamp and overflowed 
lands and proving up the swamp land indemnity claims, 
the Register of Lands visited twenty-one counties. In 
connection with Capt. Louis Bergau U. S. Special Agent, 
he made a personal examination in the field of each tract of 
land for which indemnity was claimed. In performing this 
work, including four trips to the U. S. Land Office at Spring- 
field, Mo., and two to the Land Office at Ironton, Mo., 
locating indemnity certificates for the various counties, and 
also 1,002 acres for the State under the provisions of the 
internal improvement grant, the Register was employed 
about one-half of each month during the past two years, 
and traveled from 30,000 to 35,000 miles. 

A large amount of swamp and overflowed land, selected 
and reported to the General Land Office prior to March 3, 
1857, which was confirmed to the State by the act of Con- 
gress, approved March 3, 1857, has been disposed of by the 
United States since that date, and for which the State is 



GOVERNOR THOMAS THEODORE GRITTENDEN. 437 

entitled to indemnity. Under existing laws the right to 
indemnity is limited to March 3, 1857. A bill is now pending 
before Congress, which has been recommended by the Com- 
missioner of the General Land Office, giving all the States 
indemnity for all swamp land sold by the United States 
since March 3, 1857. Including these lands, as near as can 
be approximated, there is still due the State on unsettled 
indemnity claims about $55,000 cash indemnity, and 25,000 
acres of land indemnity. 

INEBRIATE ASYLUM. 

There is a strong feeling favorable to temperance pre- 
vailing over this State. The operation of the Downing law 
has been successful during the last year, and will be more 
satisfactory when certain amendments are made to it. It 
is believed by many that if an inebriate asylum is established, 
its work, in conjunction with the good results from the 
Downing law, will decrease intemperance largely, and will 
also decrease the cause of much of the crime and insanity 
now found in every county. Scientists assert that 25 per 
cent, of insanity is caused by the habitual use of intoxicants. 
I think this Assembly should provide an inebriate asylum 
at some point in the State. 

CONCLUSION. 

Having completed my official term at a most auspicious 
time, when peace and good government prevail in every part 
of the State; when we enjoy an immunity from lawlessness 
beyond that of other States; when the local police affairs 
of every county and village, and even of the great city of St. 
Louis, were never in a condition more profoundly satis- 
factory to the people; when the schools and credit of the 
State suffered nothing in comparison with those of the fore- 
most of the States, I can lay aside the habiliments of office 
with that pride which animates a soldier who has never 
deserted his post or flag until victory has crowned his devo- 
tion to duty. To all the unjust criticisms which have been 



438 MESSAGES AND PROCLAMATIONS OF 

aimed at me, I point to the Missouri of today as my only 
answer. Bishop Robertson spoke truthfully of Missouri 
in his recent address before the State Episcopal Convention, 
held in the city of St. Louis, when he said: 

"Even at the risk of repeating what I have said before, but with an 
emphasis justified by a longer familiarity, which only deepens in me a 
sense of the truth and significance of it, I am amazed and overwhelmed 
by the extent and rapidity with which the State is filling up with the best 
class of people. Hundreds of miles of range to which I was once accus- 
tomed in many parts of the State are now all fenced up and under cultiva- 
tion. Indeed there is almost no land which is at all valuable that is 
not enclosed. Villages have become cities with all the comforts and 
appliances of modern life. All parts of the State show prosperity; but 
perhaps it is of the western counties that the statement is more emphatic- 
ally true/' 

I am now conscious of having committed many errors, 
which I deeply regret. They were the results of mistaken 
conceptions of duty. It has been my earnest desire to do 
my whole duty to the State, and in so far as it lay in my 
power to give to its confiding people the most desirable of 
all earthly blessings good government. If that has been 
done, I am content. 

Adopting the words of one of the wisest Presidents 
this country has ever had, permit me to say: 

"As the time draws nigh when I am to retire from the 
public service, I cannot refrain from expressing to the 
members of the National (State) Legislature with whom 
I have been brought into personal and official intercourse, 
my sincere appreciation of their unfailing courtesy and of 
their harmonious cooperation with the executive so many 
measures calculated to promote the best interests of the 
Nation, (State) and to my fellow citizens generally, I acknowl- 
edge a deep sense of obligation for the support which they 
have accorded me, in my administration of the Executive 
Department of this Government." 

THOS. T. CRITTENDEN. 
JANUARY 7, 1885. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 439 



VETO MESSAGES 



TO THE SENATE 

FEBRUARY 22, 1881 
From the Journal of the Senate, pp. 57-858 



EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, February 22, 1881. 

Sir I regret that I am compelled to return to the 
Senate, in which it originated, a bill entitled "An act to 
amend section twenty-two (22), article 1, chapter 1 of the 
Revised Statutes of Missouri, relating to administration," 
without my approval. 

Article 1 of chapter 1, relates to the appointment, 
qualifications and removal of executors and administrators, 
and the section sought to be amended by this act defines 
the duties of judges and clerks of probate courts in taking 
the bonds and examining the securities required under that 
chapter. 

Section 22 provides that "the court, or judges or clerks 
in vacation, shall take special care to take, as securities, 
men who are solvent and sufficient, and who are not bound 
in too many other bonds." How can judges and clerks 
carry out and make available for the protection of dead 
men's estates this most salutary provision? The means are 
provided in the same section: "and to satisfy themselves, 
they may take testimony or examine on oath, the applicant, 
or persons offered as his securities," and as an additional 
safeguard, this requirement is found in the same section: 
"and said bond shall be signed and executed in the presence 
of the court, judge or clerk, who shall certify to the same." 

I cannot conceive of a valid reason for the modification 
of either of these provisions. No higher duty can claim 
the attention of the law-maker than the enactment of such 



440 MESSAGES AND PROCLAMATIONS OF 

laws as will afford the most certain protection to the prop- 
erty of widows and orphans. Deprived of natural pro- 
tection, in a very large majority of instances, left with but 
meagre patrimony, a part of which must go to the court 
in the way of fees, the orphan ought, in confidence, to appeal 
to the legislator to be surrounded by all the safeguards 
and protection which the law can give. 

It certainly can not be argued that the substitution of 
the word "require" for "take," and "many" for "shall" in 
the section as it now reads, and the addition of the pro- 
visions allowing bonds to be "signed and acknowledged 
before a notary public or justice of the peace," will throw 
any additional safeguards around the management of estates. 
Upon the contrary, it seems to me, that it would operate 
in a directly opposite direction. In my judgment notaries 
public and justices of the peace ought not to be endowed 
with plenary power to determine the proper form of a bond, 
or the sufficiency of the security offered. For, while the 
amendment does not provide for this in express terms, 
that would be its practical effects. These officers would 
not feel the importance and responsibility of such acts as a 
judge of court, and as a consequence the examination of 
securities would soon be a mere form, necessary to be gone 
through with, in order to obtain letters testamentary or of 
administration. 

Judges of probate courts are elected by the people, 
with a special view to their fitness and fidelity, and ought 
to have exclusive control of matters of such vital moment 
to the large and helpless class which would be so seriously 
affected by the purposed change. 

I do not see why the law as it now stands ought to be 
changed, and I can not give my consent to any alteration, 
unless I can be convinced that such alterations would afford 
greater protection to estates. Feeling thus, I cannot 
approve the bill. 

Very respectfully, 

THOS. T. CRITTENDEN. 

. R. A. CAMPBELL, President of the Senate. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 441 

TO THE HOUSE OF REPRESENTATIVES 

MARCH 9, 1881 
From the Journal of the House of Representatives, pp. 728-789 



EXECUTIVE OFFICE, CITY OF JEFFERSON, March 9, 1881. 

Sir I return to your honorable body, without my 
approval, House bill No. 187, entitled "An act to amend 
section 3894 of chapter 65 of the Revised Statutes of the 
State of Missouri, entitled 'Of sheriffs and their deputies.' " 

If it should become a part of the law of the State, its 
consequences to the business and commercial interests of 
the country would be productive of much more harm than 
good. There may be an apparent defect in the law, as it 
now stands, in regard to the execution of writs and the proc- 
esses of the courts, but that defect is inconsiderable in 
results compared to the wrongs that may be perpetrated 
by reason of this amendment to section 3894. Few occa- 
sions will arise when such a law will be required, and these 
few may only be gotten up for the abuse of the law. 

Under the law as it now stands, as will be seen in sec- 
tion 3893 of the Revised Statutes, "any person selected by 
the plaintiff, his agent or attorney, can serve any writ or 
process directed to the sheriff," and in sections 3894 and 
3895, "the coroner can serve and execute all writs and pre- 
cepts when the sheriff is disqualified from acting, and when 
the office of sheriff is vacant by death or otherwise." These 
sections are ample in my estimation to meet the require- 
ments of society and the courts, especially so when to these 
is added section 1038 of the Revised Statutes, which reads 
as follows: "Where there is no sheriff or other ministerial 
officer qualified to act, or where they are interested or 
prejudiced, the court may appoint one or more persons 
to execute its process, and perform any other duty of such 
officer, who shall be entitled to such fees for their services 
in each cause as are allowed, by law, to sheriffs in like 
cases," 



442 MESSAGAS AND PROCLAMATIONS OF 

Great care should be exercised in the execution of the 
writs of the courts, and only those should be selected to 
perform the duty who are men of unquestioned character, 
governed by principle and restrained from oppression by an 
official bond. 

In the proposed amendment to section 3894 of chapter 
65 of the Revised Statutes, I think, there is no assurance 
that such men will be selected and no authority to require 
"of any person who may be selected to perform" the func- 
tions of the sheriff and official bond to compel a just per- 
formance of his duties. 

Under this amendment the plaintiff and the person, 
"any person," as specified, may collude and combine to 
abuse the processes of the court for personal gain, and it 
being possible for both to be unworthy characters, with- 
out reputation or property, it presents to my mind a strong 
reason why such laxity should not be permitted to exist 
under the sanction of the law. 

Very respectfully, 

THOS. T. CRITTENDEN. 



TO THE SENATE 

MARCH 26, 1881 
From the Journal of the Senate, p. 674 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

March 26, 1881. 

Sir I return to the Senate, without my approval, 
Senate No. (236) two hundred and thirty-six, for the fol- 
lowing reasons: To invest the Fund Commissioners with 
the power to purchase or deal in the county bonds of this 
State, with any money that may be in the sinking fund 
would, in my opinion, place a power in their hands dangerous 
to the credit of the State. 

Very respectfully, 

THOS. T. CRITTENDEN. 
HON. R. A. CAMPBELL, President of the Senate. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 443 

TO THE HOUSE OF REPRESENT A TIVES 

MARCH 28, 1883 
From the Journal of the House of Representatives, pp. 1039-1040 



Sir I return to the House of Representatives a bill of 
the following title: 

"An act to amend section 1232 of article 2 of chapter 
24 of the Revised Statutes of the State of Missouri con- 
cerning 'Offenses against the lives and persons of indi- 
viduals/ " to which I cannot give my sanction. 

If by the substitution of the term "homicide" for 
"murder," in the section amended, the section can be 
construed to mean anything more than was intended in 
the original act it would, in my judgment, be a dangerous 
innovation upon the commonly accepted definition of murder 
in the first degree. 

Under section 1232 of the Revised Statutes of 1879, 
"every murder which shall be committed in the perpetra- 
tion, or attempt to perpetrate any arson, rape, robbery, 
burglary or mayhem, shall be deemed murder in the first 
degree." The amendment proposed substitutes the word 
"homicide" for "murder" in the above clause of that section 
and, therefore, instead of mitigating its vigors, makes our 
code more severe than the common law. There were 
homicides at common law committed in the perpetration 
or attempt to perpetrate the crimes mentioned in the above 
section, which were not murder. Such homicides, by this 
amendment, are declared to be murder and are classed as 
of the first degree. It would either have this effect or work 
no material change in the present law. 

Any homicide committed in the perpetration, or attempt 
to perpetrate either of the felonies named in section 1232, 
that is, in furtherance of the purpose to commit, or as a 
means of committing such crime, is now murder in the first 
degree. 



444 MESSAGES AND PROCLAMATIONS OF 

If by substituting the word "homicide" for the word 
"murder" in the above section, the intent is to make an 
accidental killing of a human being by one, which occurs 
while he is perpetrating or attempting to perpetrate one 
of the felonies named therein, but which killing is in no 
manner connected with the perpetration of the other crime, 
as a means, or in furtherance of the commission of such 
crime, I cannot give it my approval. 

It has never been the policy in this State to add to the 
severity of the common laws in relation to crime and punish- 
ment. All our legislation has been in a contrary direction, 
and I cannot believe that the General Assembly, by the 
act under consideration, intended that such an accidental 
killing should be deemed murder of any degree. 

The Supreme Court of this State has not decided that a 
homicide committed in furtherance of a design to perpetrate 
either of the felonies named in section 1232 is not murder 
in the first degree. Neither the Hopper nor the Earnest 
case 70 and 71 Mo. advances any such doctrine. Those 
cases go no further in that direction than to say that there 
may be a homicide committed by one engaged at the time 
in the perpetration of either of the enumerated felonies, 
which, at common law, was not murder; and, therefore, not 
murder under that section, which was never designed to 
make a homicide murder, which, at common law, was but 
manslaughter. 

With due deference to the General Assembly, I think 
that the act amendatory of section 1232 originated in a 
misconception of section 1232 and the decisions of the 
Supreme Court in the cases above cited. 

Very respectfully, 

THOS. T. CRITTENDEN. 

HON. J. S. RICHARDSON, Speaker of House of Repre- 
sentatives. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 445 

TO THE HOUSE OF REPRESENTATIVES 

MARCH 29, 1883 
From the Journal of the House of Representatives, p. 1067 



Sir I return to the House of Representatives, without 
my approval, a bill of the following title: 

"An act for the relief of Cyrus Thompson, and to 
appropriate money therefor." 

It is not alleged in the preamble to the bill that Cyrus 
Thompson was ever evicted from, or dispossessed of the 
land in question. This claim belongs to a class of claims 
which require the fullest investigation, here and elsewhere, 
and which are appearing in increased numbers at each 
session of the Legislature. The fact that these claims have 
not demanded an earlier adjustment, casts a suspicion upon 
them, in my mind, and with the meager facts before me, 
I am unwilling to give this bill my approval. 

Very respectfully, 

THOS. T. CRITTENDEN. 

HON. J. S. RICHARDSON, Speaker of the House of Repre- 
sentatives. 



TO THE HOUSE OF REPRESENTATIVES 

MARCH 30, 1883 
From the Journal of the House of Representatives, pp. 1101-1102 



Sir I return to the House of Representatives, without 
my approval, bills of the following titles: 

No. 517, entitled "An act for Ahe relief of Alonzo 
Thompson, ajad to appropriate money therefor;" 

No. 518, entitled "An act for the relief of Chas. G. 
Comstock, and to appropriate money therefor;" 

No. 519, entitled "An act for the relief of Alonzo 
Thompson, and to appropriate money therefor;" 



446 MESSAGES AND PROCLAMATIONS OF 

No. 520, entitled "An act for the relief of Alonzo 
Thompson, and to appropriate money therefor;" 

No. 521, entitled "An act for the relief of Chas. G. 
Comstock, and to appropriate money therefor;" 

No. 513, entitled "An act for the relief of D. P. Dyer, 
and to appropriate money therefor;" 

No. 512, entitled "An act for the relief of D. P. Dyer, 
and to appropriate money therefor;" 

No. 511, entitled "An act for the relief of Chas. G. 
Comstock, and to appropriate money therefor;" 

No. 514, entitled "An act for the relief of D. P. Dyer, 
and to appropriate money therefor;" 

No. 510, entitled "An act for the relief of Chas. G. 
Comstock, and to appropriate money therefor;" 

No. 515, entitled "An act for the relief of Robt. T. 
Brock, and to appropriate money therefor;" 

It does not appear in the preamble of either of these 
bills that any one of the persons for whose relief the bills 
were introduced has been evicted or dispossessed of any of 
the land in question. Claims of this character should be 
closely scrutinized and thoroughly investigated before be- 
ing paid by the State, and such facts should be set forth, 
either in the preamble or bill, as would entitle the holder 
of the claim to the relief. I cannot think that the Legis- 
lature ever intended to provide for the payment of these 
claims upon the simple proof that a prior patent had been 
issued by the State, without reference to the question of 
ownership or loss. Claims of this class are increasing in 
number at each session of the Legislature and their pay- 
ment may, in time, amount to a serious matter to the people 
of Missouri. 

The fact they have not demanded an earlier adjust- 
ment is, of itself, a sufficient significance to suggest a more 
rigid examination of the merits of each particular case, 
than appears to have been thought necessary in the cases 
under consideration. 

I am informed that no separate roll call was had in the 
House of Representatives upon the passage of bills number- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 447 

517, 518, 519, 520 and 521. The validity of laws thus 
acted would be questionable. 

Because of my conviction that this class of claims 
ould receive a more thorough investigation at the hands 
this or some future General Assembly, I withhold my 
proval. 

Very Respectfully, 

THOS. T. CRITTENDEN. 

3N. J. S. RICHARDSON, Speaker of the House of Repre- 
sentatives. 



TO THE HOUSE OF REPRESENTATIVES 

APRIL 2, 1883 
From the Journal of the House of Representatives, p. 1148 



Sir I return to the House of Representatives, without 
? approval, bills of the following titles: 

"An act for the relief of Alonzo Thompson, and to 
propriate money therefor;" 

"An act for the relief of Edward Price, and to appro- 
Late money therefor." 

I decline to approve these bills for the same reasons 
fen the House in a former message, in returning bills of 
similar character, providing for the payment of claims 
the same class. 

There should be a thorough investigation of all the 

rts bearing upon the validity of these claims before the 

ate is committed to the policy of their payment. Such 

investigation can work no hardship either to the claim- 

ts or to the State. 

Very respectfully, 

THOS. T. CRITTENDEN. 

>N. J. S. RICHARDSON, Speaker of the House of Repre- 
sentatives. 



448 MESSAGES AND PROCLAMATIONS OF 



SPECIAL MESSAGES 



TO THE SENATE 

JANUARY 11, 1880 
From the Journal of Executive Business, p. 204 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

January 11, 1880. 

Sir I have the honor to nominate John F. Williams 
of Macon County as Insurance Commissioner for the term 
of four years from the 1st day of next March; in which 
appointment the Concurrence of the Senate is requested. 

Very Respectfully, 
THOS. T. CRITTENDEN, Governor. 
HON. R. A. CAMPBELL, Preset of the Senate. 



TO THE SENATE 

JANUARY 12, 1881 
From the Journal of Executive Business, p. 204 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

January 12, 1881. 

Sir I have the honor to nominate James R. Willis of 
Buchanan County, as Warden of the Penitentiary for the 
term of four years from the 3rd Monday in January 1881; 
and Morgan Boland and Alexander Kincaid of the City of 
St. Louis as Police Commissioners within and for the City 
of St. Louis for the term of four years from the first day of 
January 1881, in which appointments the concurrence of 
the Senate is requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
HON. R* A. CAMPBELL, Pres't of the Senate. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 449 

TO THE HOUSE OF REPRESENTATIVES 

JANUABT 12, 1881 
From ike Journal of the House of Representatives, p. 78 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 12, 1881. 

Sir I have the honor to lay before you the second 
cmual report of W. H. Hilkene, Commissioner of the Bureau 
f Labor Statistics. 

Very respectfully, 
THOS. T. CRITTENDEN, Governor. 



TO THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 1881 
From the Journal of the House of Representatives, p. 144 



EXECUTIVE DEPARTMENT, CITY OF JEFFEBSON, January 18, 1881. 

Sir I have the honor to transmit to your honorable 
ody the First Biennial Report of the State Board of Im- 
ugration of Missouri. 

Very respectfully, 

THOS. T. CRITTENDEN. 



TO THE SENATE 

JANUARY 19, 18S1 
From the Journal of Executive Bvsiness, pp. %Q6-$Q7 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 
January 19, 1881. 

Sir I have the honor to nominate Andrew Ellison of 
idair County and A. W. Alexander of Monroe County as 
legents of the Normal School of the First District for the 



450 MESSAGES A.ND PROCLAMATIONS OF 

term of Six years from the 1st day of January 1881; and 
John S. Erwin of Adair County as Regent of the Normal 
School of the First District for a term ending January 1st 
1885; and Henry C. Fike of Johnson County and Ashley W. 
Ewing of Cole County as regents of the Normal School of 
the Second District for the term of six years from the 1st 
day of January 1881; and Louis W. Danforth of Mississippi 
County and Charles C. Rozier of Ste. Genevieve County 
as Regents of the Normal School of the Third District for 
the term of six years from the 28th day of June 1881; and 
George T. Bartlett of Butler County and J. R. McKinney 
of Iron County as Regents of the Normal School of the 
Third District for a term ending June 28th 1885. In 
which appointments I request the Concurrence of the 
Senate. 

Very respectfully, 

THOS. T. CRITTENDEN. 

HON. R. A. CAMPBELL, Pres't of the Senate. 



TO THE HOUSE OF REPRESENTATIVES 

JANTTARY 19, 1881 
From the Journal of the House of Representatives , p. 158 



EXECUTIVE DEPARTMENT, CITT OP JEPFEKSON, January 19, 1881. 

Sir I have the honor to lay before your honorable 
body a copy of a communication received by me from Hon. 
E. B. Washburne of the State of Illinois, proposing, in behalf 
of Mr. Ed. Hempstead of the city of Chicago, to present 
to the State of Missouri the portrait of his uncle, the Hon. 
Ed. Hempstead, the first delegate in Congress from the 
Territory of Missouri. I suggest that the Legislature take 
the necessary steps for its reception. 
Very respectfully, 

THOS. T. CRITTENDEN, Governor. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 451 

TO THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 1881 
From the Journal of the House of Representatives, p. 154 

EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 19, 18S1. 

Sir I have the honor to lay before you the twelfth 
biennial report of the Missouri School for the Blind, for the 
years 1879-1880. 

Very respectfully, 

THOS. T. CRITTENDEN, Governor. 



TO THE SENATE 

JANUARY 25, 1881 
From the Journal of Executive Business, p. 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

January 25, 1881. 

Sir I have the honor to nominate Willis B. Winston 
M. D. as physician to the Penitentiary; in which appoint- 
ment the Concurrence of the Senate is requested. 

THOS. T. CRITTENDEN. 
HON. R. A. CAMPBELL, Pres't of the Senate. 



TO THE SENATE 

JANUARY 25, 1881 
From the Journal of Executive Business, p. 10 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

January 25 r 1881. 

Sir I have the honor to nominate James Ricken- 
baugh, Chas. A. Bailey, Phillip S. Adams, Thos. B. Nesbit 
and S* L. Dedman of Callaway County as managers of the 



452 MESSAGES AND PROCLAMATIONS OF 

Mo. Institution for the Education of the Deaf and Dumb 
for the term of 4 years from March 4th 1881 ; also, Jackson L. 
Smith, of Cole County, James Carroll of Audrain County, 
and Wm. Harrison, Dr. John J. Brown, Dr. Edwd. M. Kerr, 
Dr. Achilles Wilkerson, Edwin Curd, J. C. Yantis, and 
John A. Hockaday of Callaway County as Managers of 
Lunatic Asylum No. 1 at Fulton for the term of four years 
from February 6th 1881. In which appointments the 
Concurrence of the Senate is requested. 

THOS. T. CRITTENDEN. 
HON. R. A. CAMPBELL, Pres't of the Senate. 



TO THE SENATE 

JANUARY 26, 1881 
From the Journal of Executive Business, p. SIS 

STATE OP MISSOURI, EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, 

January 26, 1881. 

Sir I have the honor to nominate Wm. M. Van Cleve 
of Macon County as Brigadier General of the National 
Guards of Missouri, for the District of North Missouri, in 
which appointment the Concurrence of the Senate is re- 
quested. 

THOS. T. CRITTENDEN. 
HON. R. A. CAMPBELL, Pres't of the Senate. 



TO THE SENATE 

JANUARY 27, 1881 
From the Journal of Executive Business t p. 214 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

January 27, 1881. 

Sir I have the honor to nominate H. H. Craig and 
J. W. Dunlap as Police Commissioners of Kansas City for 



GOVERNOR THOMAS THEODORE CRITTENDEN. 453 

the term of three years from February 9th 1881, in which 
appointments the Concurrence of the Senate is requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
HON. R. A. CAMPBELL, Pres't of the Senate. 



TO THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 1881 
From the Journal of the House of Representatives, p. %%4 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, 

January 27, 1881. 

Sir I have the honor to lay before your honorable 
body a communication from Hon. E. B. Washburn, designat- 
ing a time for the presentation of the portrait of Hon. 
Edward Hempstead. I suggest that the House of Repre- 
sentatives and Senate take concurrent action in extending 
to Mr. Washburn a reception worthy alike of our State 
and of the distinguished gentleman who visits us. 

Very respectfully, 

THOS. T. CRITTENDEN. 



TO THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 1881 
From the Journal of the House of Representatives, p. 169 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

January 29, 1881. 

Sir I have the honor to lay before^ you the annual 
report of Petroleum Inspector of the city of Sedalia. 

Very respectfully, 

THOS. T. CRITTENDEN, 



454 MESSAGES AND PROCLAMATIONS OF 

TO THE HOVSE OF REPRESENTATIVES 

JANUARY 31, 1881 
From the Journal of the House of Representatives, p. $46 



EXECUTIVE OFFICE, CITY OF JEFFERSON, January 31, 1881. 

Sir I have the honor to lay before you the first biennial 
report of the Fish Commission of Missouri, made in pur- 
suance of an act approved May 3, 1879. I commend this 
report to the careful and serious consideration of the Legis- 
lature, as it is exhaustive of the subject and presents an 
itemized account of the expenditure of the appropriation 
made by the last General Assembly for the artificial prop- 
agation of fish and the protection of fish common to our 
waters. The gentlemen composing this commission deserve 
the thanks of the people of Missouri for their intelligence 
and faithfulness in carrying out the purposes of the law 
under which they act, and for the disinterested devotion 
of their time to this purpose. I recommend that the Legis- 
lature assist them by an adequate appropriation to still 
further and more successfully prosecute this important 
public enterprise. 

Very respectfully, 

THOS. T. CRITTENDEN. 



TO THE HOUSE OF REPRESENTATIVES 

JANUAEY 31, 1881 
From the Journal of the House of Representatives, p. $69 



EXECUTIVE OFFICE, CITY OF JEFFERSON, January 31, 1881. 

Sir I have the honor to lay before you a communica- 
tion from Hon. John Sherman, Secretary of the Treasury of 
the United States, relating to the claim of the State of Mis- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 455 

souri against the United States Government. The vouchers 
referred to in Mr. Sherman's communication are now on 
file in the office of the State Auditor, and cannot be with- 
drawn to be filed in the office of the Secretary of the Treasury 
without further authority. I recommend the passage of a 
concurrent resolution by the Legislature, authorizing the 
Adjutant General of the State to withdraw the original 
vouchers from the Auditor's office, and forward them to the 
Secretary of the Treasury of the United States Govern- 
ment, must be the paymaster, in case anything is realized 
upon this claim, and the proper officer of the general govern- 
ment is entitled to those vouchers, especially since their 
retention by the Auditor could, in no event, benefit the 
State. 

Very respectfully, 

THOS, T. CRITTENDEN. 



TO THE SENATE 

FEBRUARY 2, 1881 
From the Journal of Executive Business, p. 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

February 2, 1881. 

Sir I have the honor to nominate James S. Rollins 
of Boone County, and C. C. Bland and A. M, Millard of 
Phelps County as Curators of the State University for the 
term of six years beginning January 1st 1881; in which 
appointments the concurrence of the Senate is requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 

HON. R. A. CAMPBELL, Pres't of the Senate. 



456 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

FEBRUARY 3, 1881 
From the Journal of Executive Business, p. $16 



STATE OF MISSOTTBI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

February 3, 1881. 

Sir I have the honor to nominate Wm. H. Lackland 
of St. Louis, as Curator for the State University for a term 
of 6 years from January 6th 1881, 

Very Respectfully, 

THOS. T. CRITTENDEN. 
HON. R. A. CAMPBELL, Pres't of the Senate. 



TO THE GENERAL ASSEMBLY 

FEBRUARY 3, 1881 
From the Journal of the House of Representatives, pp. 299-301 



Mr. President, Mr, Washburn, Senators and Representatives, 
Ladies and Gentlemen: 

In the name of the people of the State of Missouri, I 
sincerely thank the distinguished gentleman to whose 
splendid address we have just listened with much interest 
and pleasure, and I now commission him, in the name of 
the citizens of this commonwealth, to bear to the generous 
donor of this portrait our heartfelt thanks. Mr. Washburn, 
upon your presentation to the Senate on yesterday, it 
was truthfully said of you that your name and reputation 
belonged to our common country; but we have another 
and a stronger reason for reciprocating your fraternal 
sentiments. You come from a State from which we are 
only separated by a narrow stream. We proudly refer 
to the Mississippi as the grandest river upon the face of the 
earth, but its commercial importance, in which Missouri 



GOVERNOR THOMAS THEODORE CRITTENDEN. 457 

nd Illinois are equally interested, but serves to strengthen 
ur feelings and to render more certain a reciprocity upon 
ur part of every sentiment you have uttered manifesting 
n interest in the welfare of our beloved State. No words 
f mine can convey to you or to the gentleman whom you 
^present an adequate conception of our appreciation of 
is gift. This occasion and the address made by Mr. 
/ashburn are important, not alone as marking an episode 
i the life of Missouri, but they have a historic value, 
luch that was never before known, save to a favored 
rw, is now a part of our history; and when in years to come 
e shall look upon the portrait of Hon. Edward Hemp- 
,ead, the first delegate in Congress from the Territory 
f Missouri, we will, by the untarnished record of his pure 
fe, be incited to loftier aims and more exalted purposes, 
nd, sir, [To Mr. Washburn,] as the same waters which 
ash the shores of Illinois lave the borders of Missouri 
nd then meet and mingle in their onward sweep to the 
ulf, forming as they go a mighty artery of commerce, so 
lay the mutuality of good will and fraternal feelings which 
ow characterize the people of these sister States form a 
ill closer bond of union between us as we sweep onward 
) a common eternity. Again I thank you. 

[Tnos. T. CRITTENDEN] 



TO THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 1881 
From the Journal of the House of Representatives , pp. 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, February 18, 1881. 
r on. Thos. P. Bashaw, Speaker House of Representatives: 

Sir By an act of Congress, approved April 23d, 1880, 

was provided that an International Exhibition of arts, 

Lanufactures and products of the soil and mine, should 

e held in the City of New York in the year 1883, and for 



458 MESSAGES AND PROCLAMATIONS OF 

that purpose a commission was created, to consist of two 
commissioners from each State, one from each Territory 
and one from the District of Columbia, together with the 
Commissioners named in the act. 

In pursuance of the terms of this act, upon the nomina- 
tion of his Excellency Governor John S. Phelps, S. Water- 
house and A. W. Doniphan were appointed Commissioners, 
and Wayman Crow and Thomas B. Bullene alternate 
Commissioners for Missouri, by the President of the United 
States. 

The Commissioners met in the City of New York on 
the 10th day of August, 1880, and perfected their organiza- 
tion, and the Commission is now ready to co-operate with 
the various States and Territories in preparing for the dis- 
play of the resources and products of our country. 

It is the design of the Commission to exhibit within 
suitable buildings, erected for the purpose, not only the 
production of our mines and of the soil, but also specimens 
of our mechanical inventions and of our arts, of the intel- 
lectual achievements of our citizens, and of everything 
that America can furnish to illustrate the advancement 
of a free and independent people. 

If 1776 is ever memorable for the Declaration of our 
National Independence, 1783 is significant as the year 
wherein that independence was officially recognized by 
Great Britain. This great event appeals to the patriotism 
and gratitude of every American citizen, and is worthy of 
commemoration. In no other way can we so impressively 
celebrate an event so important than by this contemplated 
civic display of the arts of peace and the products of honor- 
able toil and creative genius. 

The above language, borrowed from the address of 
the Commission, gives expression to our own views upon 
this important matter, and must be approved by every 
patriotic citizen of Missouri. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 459 

We ought not to be behind our sister States in the dis- 
play of our resources. 

I submit the matter to your honorable body, with the 
recommendation that you adopt such legislation as will 
enable the State to creditably display its products at the 
exhibition. 

I have the honor to transmit herewith such information 
and legislation as I have in my possession for your con- 
sideration. 

Very respectfully, 

THOS. T. CRITTENDEN. 



TO THE HOUSE OF REPRESENTATIVES 

FEBBUAEY 21, 1S81 
From the Journal of the House of Representatives, p. 488 



EXECUTIVE OFFICE, CITY OF JEFFERSON, February 21, 1881. 

Sir I have the honor to lay before you a communica- 
tion from Hon. S. Waterhouse, member from Missouri of 
the United States International Commission. I commend 
the accompanying communication to your serious atten- 
tion, as it fully sets forth my views upon the magnitude 
and importance of the International Exhibition, to be held 
in the City of New York, in 1883. 

Our sister States, especially those immediately sur- 
rounding us, are moving in the matter. It is a supreme 
moment for Missouri. You will pardon me for again sug- 
gesting to you the necessity for action upon the part of 
our own legislature. Such action as it may please you to 
take must be promptly taken, if effective. 

Very respectfully, 

THOS. T. CRITTENDEN. 



460 MESSAGES AND PROCLAMATIONS OF 



TO THE SENATE 

FEBPUABY21, 1881 

From the Journal of the Senate, pp. 



Sir I have the honor to transmit to the Senate the 
accompanying official census bulletins, giving the popula- 
tion of the counties of Missouri. 

Very respectfully, 

THOS. T. CRITTENDEN. 

HON. R. A. CAMPBELL, President of the Senate. 



TO THE SENATE 

FEBBUARY 22, 1881 
From the Journal of Executive Business, p. 17 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 

February 22, 1881. 

Sir I have the honor to nominate Henry J. Spaun- 
horst, of the City of St. Louis, as Commissioner of Labor 
Statistics for a term of two years from the first Wednes- 
day in February 1881, in which appointment the Con- 
currence of the Senate is requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 

HON. R. A. CAMPBELL, Pres't of the Senate. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 461 



TO THE SENATE 

FEBRUARY 25, 1881 
- From the Journal of Executive Business, p. 



:E OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 
February 25, 1881. 

Sir I have the honor to nominate Joseph O'Neil, 
Robert Barclay, S. Pollak, Richard M. Scruggs, and 
n R. Lionberger of the City of St. Louis, and H. Clay 
ng of Cole County, John L. Peck of Jackson County, 
A. Jacobs of Livingston County, and C. B. McAfee of 
ene County as trustees of the Missouri School for the 
id, for the term of four years from the 27th day of 
ruary 1881; in which appointments the Concurrence 
he Senate is requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
*. R. A. CAMPBELL, Pres't of the Senate. 



TO THE SENATE 

FEBRUARY 25, 1881 
From the Journal of Executive Business, p. 219 



PE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, 
February 25, 1881. 

Sir I have the honor to nominate Arthur Kirkpatrick 
tuchanan County as a member of the Board of Managers 
^unatic Asylum No. 2 at St. Joseph, Mo., for a term 
ing March 1st 1882, in which appointment the Con- 
ence of the Senate is requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
*. R. A. CAMPBELL, Pres't of the Senate. 



462 MESSAGES AND PROCLAMATIONS OF 

TO THE HOUSE OF REPRESENTATIVES 

FEBRUABY 25, 1881 
From the Journal of the House of Representatives, pp. 5$7*&S8 

EXECUTIVE OFFICE, CITY OF JEFFERSON, February 25, 1881. 

Sir I have the honor to lay before you a communica- 
tion from Hon. John Walker to the Board of Fund Com- 
missioners of Missouri. Mr. Walker, as a member of that 
board, recently visited the city of New York for the pur- 
pose of conferring with the officers of the Hannibal & St. 
Joseph Railroad Company in regard to the proposition of 
that company to discharge the full amount of what it claims 
is its present indebtedness to the State. 

The result of Mr. Walker's conference with those 
officials is fully set forth in the accompanying communica- 
tion. 

I recommend that you adopt such legislation as will 
enable the Fund Commissioners to use or dispose of what- 
ever sum, if any, may be accepted by the State from the 
Hannibal & St. Joseph Railroad Company. 

I do not mean to say that the State will accept the sum 
of $3,000,000 in complete satisfaction of the liability in- 
curred by the State in aid of said company. I think the 
liability extends to the maturity of the bonds; and as the 
company has heretofore met its obligations to the State 
promptly and has thereby secured the confidence of the 
people of the State, who were, for many years, in doubt 
as to the final result of our complications with that road, 
I trust that it will be equally as honorable in the future, 
and so act as to retain the confidence which its past conduct 
has inspired. 

' In case the whole or any part of the money due from 
the company is accepted, its receipt ought not to find us 
unprepared for its prompt and profitable disposal. 

Very respectfully, 
TH<*S. T. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 463 

TO THE SENATE 

MARCH 11, 1881 
From the Journal of Executive Business, p. SSI 



EXECUTIVE OFFICE, CITY OF JEFFERSON, March 11, 1881. 

Sir I have the honor to nominate John A. Maxon as 
Police Commissioner of the City of St. Louis for a term end- 
ing January 1st, 1885. Vice Morgan Boland removed, and 
Samuel Cupples and E. C. Simmons as Police Commissioners 
of the City of St. Louis for a term ending January 1st 1883, 
Vice John D. Finney and Leslie Moffett removed, in which 
appointments the Concurrence of the Senate is requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
HON. R. A. CAMPBELL, President of the Senate. 



TO THE HOUSE OF REPRESENTATIVES 

MARCH 14, 1881 
From the Journal of the House of Representatives, p. 828 



EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, March 14, 1881. 

Sir In view of the fact that a casual deficiency in the 
revenue fund will occur, extending from June 1st to October 
1st of this year, I recommend that the legislature authorize 
the issuance of two hundred thousand dollars of revenue 
bonds, bearing a rate of interest not to exceed six per cent, 
per annum, or authorize the fund commissioners to borrow 
any sum, not exceeding two hundred thousand dollars, 
that may be necessary to meet the emergency of this casual 
deficiency, for such length of time as may be necessary, not 
exceeding two years, and not at a greater rate of interest 
than six per cent, per annum. 



464 MESSAGES AND PROCLAMATIONS OF 

I am inclined to think the latter proposition cheaper 
and as effective as the former. 

The obligations of the State which mature on the 1st 
day of June, together with the other demands made upon 
the revenue fund, will absorb that fund, thereby causing a 
deficiency for the time mentioned. The importance of 
this matter will commend itself to your prompt and earnest 
attention. 

Very respectfully, 

THOS. T. CRITTENDEN. 



TO THE SENATE 

MARCH 25, 1881 
From the Journal of the Senate, pp. 684-685 



EXECUTIVE OFFICE, CITY OF JEFFERSON, March 25, 1881. 

Sir I have the honor to appoint Hon. T. J. 0. Morris- 
son, upon the part of the Senate, and Representatives 
Anthony of Nodaway and McGinnis of St. Louis city, upon 
the part of the House, to constitute a committee to examine 
the books of the State Treasurer for the years 1877 and 1878. 
Said committee shall meet in the City of Jefferson on Tues- 
day, May 3, 1881, to begin its labors. 

Very respectfully, 

THOS. T. CRITTENDEN. 
HON. ROBERT A. CAMPBELL, President of the Senate. 



TO THE SENATE 

APRIL 27, 1882 
From the Journal of the Senate, pp. 11-12 



EXECUTIVE OFFICE, CITY OF JEFFERSON, April 27, 1882. 

Sir I have the honor to call the attention of the Legis- 
lature to the necessity for a re-apportionment of the State 
into Representative Districts, in conformity with the popula- 



GOVERNOR THOMAS THEODORE CRITTENDEN. 465 

on of the various counties, as ascertained by the official 
>nsus of 1880; and I recommend that the Legislature adopt 
ich measures as may be necessary to conform the repre- 
intation of the various counties in the House of Representa- 
ves to such census. 

I also recommend to the Legislature the appropriation 
' one thousand dollars to be used in defraying the necessary 
^penses (other than attorney's fees) incurred by the State 
its litigation with the Hannibal & St. Joseph Railroad 
ompany. I recommend that said sum be placed at the 
sposal of the Fund Commissioners of the State, to be 
jed by them for the above purpose as occasion may require. 

Very respectfully, 

THOS. T. CRITTENDEN. 
o HON. R. A. CAMPBELL, President of the Senate. 



TO THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 1883 
From the Journal of the House of Representatives, pp. 105-106 



Sir I have the honor to lay before you the 2d biennial 
port of the State Board of Immigration; the reports of 
ie Superintendent and Board of Trustees of the Missouri 
;hool for the Blind; the report of the Register of Lands for 
ie years 1881 and 1882; the report of the Adjutant-General 
r the year 1882; a supplement to the 6th annual report 
id the 7th annual report of the Railroad Commissioners; 
ie 4th annual report of the Bureau of Labor Statistics; 
ie report of the committee appointed by me under the 
revisions of an act of the 31st General Assembly, approved 
[arch 14, 1881, to settle with the State Auditor and Treas- 
:er for the years 1877 and 1878; and the report of the Fish 
ommission for the years 1881 and 1882. 

Very respectfully, 

THOS. T. CRITTENDEN. 
ON. J. S. RICHARDSON, Speaker House of Representatives, 



466 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

JANUARY 12, 1883 
From the Journal of Executive Business p. BBS 

EXECUTIVE OFFICE, CITY OF JEFFERSON, January 12, 1883. 

Sir I have the honor to nominate and appoint David 
W. Caruth to the office of Police Commissioner for the City 
of St. Louis for the term of four years from January 1st 1883; 
also, to inform you that on the 1st day of July, 1882 I 
appointed Daniel Kerevin to the office of Police Commis- 
sioner in the City of St. Louis, to fill a vacancy in a term 
ending January 1st 1885, in which appointments the Con- 
currence of the Senate is respectfully requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, Presid't of the Senate. 



TO THE SENATE 

JANUARY 16, 1883 
From the Journal of Executive Business, p. %%5 

EXECUTIVE OFFICE, CITY OF JEFFERSON, January 16, 1883. 

Sir I have the honor to nominate and appoint Frank J. 
Sutz to the office of Police Commissioner for the City of 
St. Louis, for a term of four years from January 1st 1883, 
in which appointment the Concurrence of the Senate is 
respectfully requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, Pres't of the Senate. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 467 

TO THE HOUSE OF REPRESENTATIVES 

JANUABY 16, 1883 
From the Journal of the House of Representatives, p. 14$ 



EXECUTIVE OFFICE, CITY OF JEFFERSON, January 16, 1883. 

Sir As required by section 8, article 5 of the Con- 
stitution, I have the honor to transmit to you a list of 
reprieves, commutations and pardons granted by me for 
the two years ending December 31st, 1882, giving the name 
of the convict, the crime of which he was convicted, the 
sentence and its date, the date of the commutation, pardon 
or reprieve, and my reasons for granting the same. 

Very respectfully, 

THOS. T. v CRITTENDEN. 

HON. J. S. RICHARDSON, Speaker of the House of Repre- 
sentatives. 



TO THE SENATE 

JANUARY 20, 1883 
From the Journal of Executive Business, p. 



EXECUTIVE OFFICE, CITY OF JEFFERSON, January 20, 1883. 

Sir I have the honor to nominate and appoint "William 
McLean of Johnson County, and Robert T. Railey of Cass 
County as members of the "Board of Regents" for Normal 
School District Number 2 for the term of six years from 
January 1st 1883, in which appointments the Concurrence 
of the Senate is respectfully requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
To HON. R. A, CAMPBELL, President of the Senate. 



468 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

FEBRUARY 5, 1883 
From the Journal of Executive Business, p. 227 



EXECUTIVE OFFICE, CITY OF JEFFERSON, February 5, 1883. 

Sir I have the honor to inform you that, on the 25th 
day of April 1881, I appointed Clarence S. Hoblitzelle 
Recorder of Voters within and for the City of St. Louis, 
for a term of four years from January 1st 1881, in which 
appointment the concurrence of the Senate is respectfully 
requested. 

Very Respectfully, 

THOS, T. CRITTENDEN. 
To R. A. CAMPBELL, Pres't of the Senate. 



TO THE SENATE 

FEBRUARY 7, 1883 
From the Journal of Executive Business, pp. 228-229 

EXECUTIVE OFFICE, CITY OF JEFFERSON, February 7, 1883. 

Sir I have the honor to appoint the following persons 
to the offices and for the terms respectively designated to 
wit: Rufus S. McDonald, Waller Young, John Doniphan, 
J. Malin, E. A. Donelan, A. Kirkpatrick and James C. 
Roberts members of the Board of Managers of State Lunatic 
Asylum No. 2 at St. Joseph for a term ending March 1st 
1886: Ben Eli Guthrie, a member of the Board of Regents 
of Normal School District No. 1 for a term of six years from 
January 1st 1883: W. B. Wilson and Geo. B. Clarke 
members of the Board of Regents Normal School District 
No. 3 for a term of six years from January 1st 1883: J. S. 
Clarkson, and Jen C. Cravens, members of the Board of 



GOVERNOR THOMAS THEODORE CRITTENDEN. 469 

Curators of the State University, for a term of six years 
from January 1st 1883: James E. Lincoln member of the 
Board of Curators of the State University, for a term of six 
years from January 1st 1883: James R. Estill and "Wm. F. 
Switzler members of the Board of Curators of the State 
University for a term ending January 1st 1885: Thos. C. 
Campbell member of the Board of Regents Normal School 
District No. 1 for a term ending January 1st 1887: John W. 
Howard and Charles E. Peers members of the Board of 
Managers of State Lunatic Asylum No. 1 at Fulton for a 
term ending February 6th 1885: James McWorkman a 
member of the Board of Trustees of the Missouri School for 
the Blind for a term ending February 27th 1885 in which 
appointments the Concurrence of the Senate is respect- 
fully requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, Pres't of the Senate. 



TO THE SENATE 

FEBRUARY 14, 1883 
From the Journal of Executive Business, p. 2S1 



EXECUTIVE OFFICE, CITY OF JEFFERSON, February 14, 1883. 

Sir I have the honor to nominate and appoint W. B. 
Hayes a member of the Board of Regents of Normal School 
District No 1 for a term of 6 years from January 1st 1883 
in which appointment the concurrence of the Senate is 
respectfully requested. 

Very Respectfully, 

THO. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, Pres't of the Senate. 



470 MESSAGES AND PROCLAMATIONS OF 

TO THE SENATE 

FEBRUARY 21, 1883 
From the Journal of Executive Business, p. $$ 



EXECUTIVE OFFICE, CITY OP JEFFERSON, February 21, 1883. 

Sir I have the honor to nominate and appoint Norman 
J. Coleman as a member of the Board of Curators of the 
State University, for a term ending January 1st 1887, in 
which appointment the concurrence of the Senate is re- 
spectfully requested. 

Very Respectfully, 

THO. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, Pres't of the Senate. 



TO THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 1883 
From the Journal of the House of Representatives, pp. 550-552 



Sir It is my unpleasant duty to call the attention of 
the Legislature to the calamity that has befallen the State 
by the burning of several of the largest shops in the peni- 
tentiary in the disastrous conflagration which occurred in 
that institution on the 23d inst. In addition to the serious 
loss entailed upon the State in the destruction of the prop- 
erty, an additional loss will be sustained by the enforced 
idleness of large numbers of men who were employed in the 
various manufactories now necessarily suspended, and 
whose employment constituted a large part of the earnings 
of the prison. 

Your earnest attention is invited to the necessity for 
immediate provision to rebuild these shops. Every interest, 
both of the State and the morals and discipline of the prison 
demands prompt action, nor can I too strongly urge upon 



GOVERNOR THOMAS THEODORE CRITTENDEN. 471 

you the pressing necessity for the construction of water 
works and the procurement of engines and other proper 
appliances for the extinguishment of fire at the penitentiary. 

The State cannot afford to risk so much valuable 
property with no protection from accidental fire or the 
incendiary's torch. I also suggest the necessity for such a 
change in our criminal laws as will prescribe severer punish- 
ment for the crime of arson, committed within the peniten- 
tiary. That the recent fire was the work of an incendiary is 
known. This is the second attempt that has been made to 
burn the penitentiary during my term of office. The former 
attempt, while not so disastrous in its results as this, resulted 
in a loss to the State of about $35,000. The law prescribes 
no adequate punishment for such a crime. In my judg- 
ment, the burning of the penitentiary, or any occupied 
building therein, with the intention of exciting any mutiny 
or insurrection in the prison, or with any other lawless 
intent, should be made a capital crime. 

Convicts who commit such crimes are generally men 
of the most desperate character, sentenced for life or a long 
number of years, who are willing to commit any crime in 
order to obtain their liberty. 

The present law is insufficient to deter them from the 
perpetration of arson within the prison. 

The recommendation is a severe one, but, under the 
circumstances, I deem it necessary, to prevent future loss 
to the State and greater crimes upon innocent individuals. 

In my biennial message to this body the following 
language was used: "There is not sufficient room inside 
of the walls of the prison. The walls should be extended 
or a branch penitentiary be erected in some part of the 
State." I again call your attention to the importance of 
this matter. There is no opportunity more fitting than the 
present to prepare for the extension of the walls. 

The State owns land on the outside of the eastern wall 
of the penitentiary which should be included in the prison 
grounds. I call your attention to the importance of making 



472 MESSAGES AND PROCLAMATIONS OF 

the Governor one of the board of inspectors of the peni- 
tentiary, as he is held responsible for its management. 

Very respectfully, 

THOS. T, CRITTENDEN. 

HON. J. S. RICHARDSON, Speaker of the House of Repre- 
sentatives. 



TO THE SENATE 

MARCH 2, 1883 
From the Journal of the Senate, p. $4& 



Hon. R. A. Campbell President of the Senate: 

Sir I received the following telegram last night from 
Col. J. W. Campbell, Chief of Police, St. Louis: 

"St. Louis, Mo., March 2, 18S3. 
Governor Thomas T~ Crittenden: 

Telegram received from J. H. Dunlap, Superintendent Gray's Iron 
Line, Sulphur Springs, Mo., as follows: 

Riot going on here. Send force to quell it at once. We have no 
men to send. Have trouble with strikers in Carondelet one officer 
badly beaten last night. 

(Signed.) JNO. W. CAMPBELL, 

Chief of Police." 

There being no officer of the law at Sulphur Springs, I 
at once sent a prudent gentlemen to that point, with such 
order and instructions as I deemed proper. In consequence 
of the action of the comptroller of the city of St. Louis 
in refusing to allow an adequate sum of money to pay the 
insufficient police force of that city, the board of Police 
Commissioners has been compelled to reduce the force, 
and fifteen officers have been dropped from the roll, within 
the last few days. In view of the increasing demands of that 
city for additional police force; in view of prospective 
dangers arising from mobs and in view of the fact that the 
citizens of the State and Territories will soon be invited 
to attend an exposition in our chief city, I think this General 
Assembly should enact such a law as will enable the police 
board to protect the lives and property of the people, not 



GOVERNOR THOMAS THEODORE CRITTENDEN. 473 

only of that city, but of all who attend or participate in the 
exposition. The city and State will be held responsible, 
in public esteem, for any delinquency in this matter. If an 
adequate police force is maintained in St. Louis, it can be 
used in such an emergency as is presented in Col. Campbell's 
telegram, without the delay necessarily incident to the 
preparation and movement of a military company, and 
at much less cost. 

At this time, I think both forces are absolutely neces- 
sary, and this Legislature should not adjourn without mak- 
ing provision for both. Emergencies are controlled by 
timely preparation. 

Very respectfully, 

THOS. T. CRITTENDEN. 
HON. R. A. CAMPBELL, President of the Senate. 



TO THE SENATE 

MAECH 10, 1883 
From the Journal of Executive Business, p. 888 



EXECUTIVE OFFICE, CITY OF JEFFERSON, March 10, 1883. 
Sir I have the honor to nominate and appoint F. S. 
Laurence as Brigadier General of the National Guard of 
Missouri, in which appointment the concurrence of the 
Senate is respectfully requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, Pres't of the Senate. 



TO THE SENATE 

MARCH 21, 1883 
From the Journal of Executive Business, p. %SS 

EXECUTIVE OFFICE, CITY OF JEFFEBSON, MAECH 21, 1883. 
Sir I have the honor to nominate, and appoint, as 
mfembers of the Board of Regents of Lincoln Institute 
Normal School Jefferson City, John G, Riddler and Philip H. 



474 MESSAGES AND PROCLAMATIONS OF 

White for a term of two years, Alexander Chinn and H. Clay 
Ewing for a term of four years, and Louis C. Krauthoff and 
Arnold Krekel, for a term of six years from January 1st 
1883, in which appointments the concurrence of the Senate 
is respectfully requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, President of the Senate. 



TO THE SENATE 

MARCH 30, 1883 
From the Journal of Execu&ve Business, p. $S4 

EXECUTIVE OFFICE, CITY OF JEFFERSON, March 30, 1883. 

Sir I have the honor to and appoint Wm. C. Boon as a 
member of the Board of Regents of Lincoln Institute 
Normal School Jefferson City, for a term ending January 
1st 1887, vice H. Clay Ewing declined, in which appoint- 
ment the concurrence of the Senate is respectfully requested. 

Very Respectfully, 

THO. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, Presd't of the Senate. 



TO THE SENATE 

MARCH 30, 1883 
From the Journal of Executive Business, p. S5 

EXECUTIVE OFFICE, CITY OF JEFFERSON, March 30, 1883. 

Sir I have the honor to nominate and appoint Charles 
R. Oglesby as Physician of the Penitentiary for a term end- 
ing on the third Monday in January 1885, vice Willis B. 
Winston, deceased, in which appointment the concurrence 
of the Senate is respectfully requested. 

Very Respectfully, 

THO. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, President of the Senate. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 475 

TO THE SENATE 

JANUARY 8, 1885 
From the Journal of Executive Business, pp. S89-&40 



EXECUTIVE DEPARTMENT, STATE OF MISSOURI, Januarys, 1885. 

Sir I have the honor to inform you that, since the 
meeting of your body, I have made the following appoint- 
ments, to wit: 

April 5th 1883 Henry A. Newman to the office of 
Commissioner of the Bureau of Labor Statistics and In- 
spection, for a term ending on the first Wednesday in 
February 1885. 

July 2nd 1883 Clarence L. Hoblitzelle to the office 
of Recorder of voters for St. Louis for a term ending January 
1st 1887. 

February 4th 1884, Henry H. Craig to the office of 
Police Commissioner in Kansas City for a term ending 
February 9th 1887. 

January 2nd 1885, George M. Shelly to* the office of 
Police Commissioner in Kansas City, for a term ending 
February 9th 1887. 

July 2nd 1883, Elisha H. Gregory (since resigned) 
P. D. Yost (since deceased) and Henry F. Hereford as 
members ol the State Board of Health, for a term ending 
July 2nd 1887, and Wm. Conery, Geo. M. Cox, Geo. T. 
Bartlett and Jos. C, Hearne as members of the State Board 
of Health, for a term ending July 2nd 1885. 

Sept. 1st 1883, Albert Merrell as a member of the 
State Board of Health (Vice Yost, dec'd) for a term end- 
ing July 2nd 1887. . 

In which appointments the concurrence of the Senate 
is respectfully requested. 

Very Respectfully, 

THOS. T. CRITTENDEN. 
To HON. R. A. CAMPBELL. President of the Senate. 



476 MESSAGES AND PROCLAMATIONS OF 

TO THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 1885 
From the Journal of the House of Representatives, pp. 77-75 



Sir I have the honor to transmit herewith the 6th 
annual report of the Bureau of Labor Statistics and In- 
spection; the biennial report of the Adjutant-General for 
the years 1883-1884; the biennial report of the Board of 
Trustees of the Missouri School for the Blind; a copy of 
the 14th biennial report of the Superintendent of the Mis- 
souri School for the Blind, and the report of the Register of 
lands of the State of Missouri, for the years 1883-1884. 

Very respectfully, 

THO. T. CRITTENDEN. 
To HON. JNO. M. WOOD, Speaker House of Representatives. 



TO THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 1885 
From the Journal of the House of Representatives, p. 78 



Sir In compliance with section 8 of article 5 of the 
Constitution of Missouri, I have the honor to transmit 
herewith a list of the reprieves, commutations and pardons 
granted by me since my report made to the 32rd General 
Assembly. 

These reprieves, commutations and pardons have been 
granted upon the request of the officials engaged in the trial 
of the cases, or upon the petition of reputable citizens, 
conversant with the facts in the respective cases, and always 
upon my own conviction, from the facts presented to me, 
that executive clemency ought to be exercised. 

Very respectfully, 

THO. T. CRITTENDEN. 
To HON. JNO. M. WOOD, Speaker House of Representatives. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 477 

TO THE SENATE 

JANUARY 9, 1885 
From the Journal of Executive Business, p. 8S9 



CITY OF JEFFERSON, January 9, 1885. 

Sir I have the honor to inform you that I have appoint- 
ed A. \V. Rogers and John E. Ryland as Regents of Normal 
School District No. 2. at Warrensburg. 

Jno. S. Erwin and Joseph M. McKimm as Regents of 
Normal School District No. 1 at Kirkville. 

Geo. T. Bartlett and J. R. McKinney as Regents of 
Normal School District No. 3 at Cape Girardeau, all for the 
term of six years from the 1st day of January, 1885, in 
which appointments the concurrence of the Senate is 
respectfully requested. 

Very Respectfully, 

THOS. T. CRITTENBEN. 
To HON. R. A. CAMPBELL, President of the Senate. 



TO THE SENATE 

JANUARY 10, 1885 
From the Journal of Executive Business, p. 2J^S 

EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, January 10, 1885. 

Sir I have the honor to inform you that I have appoint- 
ed Hon. D. C. Allen as Curator of the State University to 
fill the unexpired term of James E. Lincoln, in which appoint- 
ment the concurrence of the Senate is respectfully requested. 

Very Respectfully. 

THOS. T. CRITTENDEN. 
To HON. R. A. CAMPBELL, President of the Senate. 



478 MESSAGES AND PROCLAMATIONS OF 



PROCLAMATIONS 



OFFERING A REWARD 

FEBRUARY 7, 1881 
From, the Register of Civil Proceedings, 1879-1888, p. S07 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS John Humphreys and John Wilson stand 
charged by indictment with the murder of John W. Ander- 
son on the 25th day of August 1875, in the county of Newton, 
and have fled from justice and cannot be arrested by ordi- 
nary process of law, Now THEREFORE I, Thomas T. Critten- 
den, Governor of the State of Missouri, by virtue of authority 
in me vested, and for good and sufficient reasons appearing, 
do hereby offer a reward of One hundred and fifty dollars 
each for the arrest and delivery of said John Humphreys 
and John Wilson to the sheriff of said county of Newton, 
at the county seat thereof, at any time within one year from 
the date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this 7th day of February A. D. 1881. 

THOS T. CRITTENDEN. 
By the Governor 

MICH'L K. McGiuxH, Secretary of State. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 479 

ON REMO VAL OF DISABILITIES 

FEBBUABY 7, 1881 
From the Register of Civil Proceedings, 1879-188$, p. $08 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS John Felker was at the October term 1880 
of the circuit court of Maries county convicted of selling 
liquor on Sunday and thereby became disqualified to obtain 
a license to keep a dram shop within this state. 

Now THEREFORE I, Thomas T. Crittenden, governor 
of the state of Missouri, by virtue of authority in me vested, 
and for good and sufficient reasons appearing, do hereby 
remove the disabilities imposed on the said John Felker 
by reason of such conviction. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the state of Missouri. Pose at the City of 

Jefferson this seventh day of February AD. 

Eighteen hundred and Eighty-one. 

THOS* T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

FEBRUARY 7, 1881 
From the Register of Civil Proceedings, 1879-1888, p. S09 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS Philip Gross was at divers times, between 
the year eighteen hundred and sixty five and the first day 
of January eighteen hundred and eighty one, by the circuit 



480 MESSAGES AND PROCLAMATIONS OF 

and criminal courts of Johnson county, convicted of viola- 
tions of the dram shop law, and thereby became disqualified 
to obtain a license to keep a dram shop within this state. 
Now THEREFORE I, Thomas T. Crittenden Governor of 
the State of Missouri, by virtue of authority in me vested, 
and for good and sufficient reasons appearing, do hereby 
remove the disabilities imposed on the said Philip Gross 
by reason of such convictions. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this seventh day of February A. D. 

Eighteen hundred and Eighty one. 

THOS. T. CRITTENDEN. 
By the Governor: 

MIGH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

FEBRUARY 18, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 315 

STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, \V. Carroll Massey stands charged by 
affidavit with the murder of W. J. Tipton in the county 
of Ripley on the 28th day of January, 1881, and has fled 
from justice and cannot be arrested by ordinary process 
of law. 

Now THEREFORE I, Thos. T. Crittenden, Governor 
of the state of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of Two hundred dollars for the arrest and 
delivery of said W. Carroll Massey to the sheriff of Ripley 
county at the county seat thereof at any time within six 
months from the date of these presents. 



GOVERNOR THOMAS THEODORE CRITTEN0EN. 481 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this 18th day of February A. D. 1881. 

THOS. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

FEBRUARY 18, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 31ft 



The, State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS John Wallace was heretofore convicted in 
the circuit court of Washington county of selling liquor on 
Sunday and thereby became disqualified to obtain a license 
to keep a dram shop within this state. 

Now THEREFORE I, Thomas T. Crittenden, Governor 
of the State of Missouri, by virtue of authority in me vested, 
and for good and sufficient appearing do hereby remove 
the disabilities imposed on the said John Wallace by reason 
of such conviction and declare the said Wallace, so far as 
said conviction is concerned, is as fully entitled as ever he 
was to be licensed to keep a dram shop. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this 18th day of February A. D. 

eighteen hundred and eighty-one. 

THOS. T. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 

16 



482 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

FEBRUARY 23, 1881 
From the Register of Civil Proceedings, 1879-1888, p. S19 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, E. W. Benham stands charged by affidavit 
with the murder of William Clem in the county of Bates 
on the third day of February 1881, and has fled from justice 
and cannot be arrested by ordinary process of law. 

Now THEREFORE I, Thomas T. Crittenden, governor 
of the state of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of Two hundred dollars for the arrest and 
delivery of said E. W. Benham to the sheriff of said county 
of Bates at the county seat thereof at any time within one 
year from the date of these presents. 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this 23rd day of February A. D. 1881. 

THOS. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

MARCH 10, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 



State of Missouri, To all who shall see these presents Greeting: 

WHEREAS William A. Harper was, heretofore, convicted 
in the circuit court of Stoddard county and sentenced by 
said court to imprisonment in the penitentiary of this state 
for a term of two years for the crime of assault with intent 



GOVERNOR THOMAS THEODORE CRITTENDEN. 483 

to kill and thereby became disqualified to be sworn as a 
witness or juror in any cause or to vote at any election or to 
hold any office of honor, profit of trust within said state. 

Now THEREFORE, I, Thomas T. Crittenden, Governor 
of the State of Missouri, by virtue of authority in me vested, 
and for good and sufficient reasons appearing, do hereby 
remove the disabilities imposed on the said William A. 
Harper by reason of such conviction. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this Tenth day of March AD. Eighteen 

hundred and eighty one. 

THOS. T. CRITTENDEN, 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

MARCH 15, 1881 
From the Register of Civil Proceedings, 1879-1882, p. S$4 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Mathew Bowman and Joseph Bowman 
stand charged by indictment with the murder of John 
Chandler in the county of Dent on August 1880 and have 
fled from justice, and cannot be arrested by ordinary process 
of law. 

Now THEREFORE, I, Thomas T. Crittenden, Governor 
of the State of Missouri, by virtue of authority in me vested, 
and for good and sufficient reasons appearing do hereby 
offer a reward of One hundred and fifty dollars each for the 
arrest and delivery of said Mathew Bowman and Joseph 
Bowman to the sheriff of said county of Dent at the county 
seat thereof at any time within one year from the date of 
these presents. 



484 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 

Jefferson this 15th day of March A. D. 1881. 

THOS. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

APRIL 14, 1881 
From the Register of Civil Proceedings, 1879-1882, p. $47 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS Matt Evans stands charged by affidavit 
with the murder of one Brooks in the county of McDonald 
on the fourth day of April 1881, and has fled from justice 
and cannot be arrested by ordinary process of law, 

Now THEREFORE I, Thomas T. Crittenden, Governor 
of the State of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of Two hundred dollars for the arrest and 
delivery of said Matt Evans to the sheriff of said county of 
McDonald at Pineville the county seat thereof at any time 
within one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 

Jefferson this 14th day of April AD. 1881. 

THO. T. CRITTENDEN 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 485 

OFFERING A REWARD 

APRIL 23, 1881 
From the Register of Civil Proceedings, 1879-1882, p. So 4 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS W. T. Hoffman stands charged by affidavit 
with the crime of felonious assault in the county of Stoddard 
and has fled from justice and cannot be arrested by ordinary 
process of law, 

Now THEREFORE, I, Thomas T. Crittenden, governor 
of the state of Missouri by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of one hundred and fifty dollars for the arrest 
and delivery of said W. T. Hoffman to the sheriff of said 
county of Stoddard at the county seat thereof at any time 
within one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 23rd day of April, A. D. 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. McGRATH, Secretary of State. 



ON REMO VAL OF DISABILITIES 

MAY 5, 1881 
From the Register of Civil Proceedings, 1879-188%, p. 59 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS F. C. Nitsche was at the October term 1880 
of the circuit court of Shelby county convicted of selling 
liquor without license, and thereby became disqualified to 
obtain a license to keep a dram shop within this state. 



486 MESSAGES AND PROCLAMATIONS OF 

Now THEREFORE I, Thomas T. Crittenden, Governor 
of the State of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
remove disabilities imposed on the said F. C. Nitsche by 
reason of such conviction. 

In Testimony Whereof I have herunto set my hand 
and caused to be affixed the great seal of the 
(Seal) State of Missouri. Done at the City of Jefferson 

this fifth day of May A. D. 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

MAY 5, 1881 
From the Register of Civil Proceedings, 1879-1888, p. 360 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS Valentine alias Volley Walker stands charged 
by affidavit with the murder of James Williams in the county 
of St. Louis on the 25th day of April 1881, and has fled from 
justice and cannot be arrested by ordinary process of law. 
Now THEREFORE I, Thomas T. Crittenden, governor 
of the state of Missouri by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of Two Hundred dollars for the arrest and 
delivery of said Valentine alias Volley Walker to the sheriff 
of said county of St. Louis at the county seat thereof at any 
time within one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal 
(Seal) of the State of Missouri. Done at the City 
of Jefferson this 5th day of May A. D. 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR THOMAS THEODORE CRITTENDEN, 487 

MAKING KNOWN THE SENATORIAL DISTRICTS 

MAY 9, 1881 
From the Register of Civil Proceedings, 1879-1882, -pp. S62-S64 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS the Thirty-first General Assembly of the 
state of Missouri, which met on the 5th day of January AD. 
1881, this being the first session of the general assembly 
after the decennial census of the United States for 1880, 
adjourned without having revised and adjusted the ap- 
portionment of the state for senators and into senatorial 
districts as required by the constitution of this state: And 
it is provided that if at any time or from any cause the said 
general assembly fail or refuse to district the state as afore- 
said, the Governor, secretary of state and attorney general 
shall as required by the constitution and in the manner 
and within the time prescribed in section seven, article four 
thereof perform said duty and Whereas the governor, 
secretary of state and attorney general met within the time 
specified in said section and performed said duty of dis- 
tricting the state for Senators and into senatorial districts 
and have as required by said section filed in the office of 
the secretary of state a full statement of the district formed 
by them including the names of the counties embraced in 
each and the numbers thereof. 

Now THEREFORE I Thomas T. Crittenden, Governor 
of the State of Missouri hereby Proclaim and Make Known 
the senatorial districts of this state their numbers and the 
counties embraced therein so apportioned, districted, 
numbered and certified as aforesaid to be as follows: 

The First (Senatorial) district shall be composed of the 
counties of Atchison, Holt and Nodaway 

The Second district the counties of Buchanan and 
Andrew 

The Third district the counties of Clay, Clinton and 
Platte 



488 MESSAGES AND PROCLAMATIONS OF 

The Fourth district the counties of Daviess, DeKalb, 
Gentry, Harrison and Worth 

The Fifth district the counties of Livingston, Grundy, 
Mercer and Putnam 

The Sixth district the counties of Chariton, Linn and 
Sullivan 

The Seventh district the counties of Randolph, Macon, 
Adair and Schuyler 

The Eighth district the counties of Carroll, Caldwell, 
and Ray 

The Ninth district the counties of Boone and Howard 

The Tenth district the counties of Callaway, Mont- 
gomery, Warren and St. Charles 

The Eleventh district the counties of Audrain, Pike 
and Lincoln 

The Twelfth district the counties of Clark, Knox, 
Lewis and Scotland 

The Thirteenth district the counties of Marion, 
Monroe, Rails and Shelby. 

The Fourteenth district the counties of Cole, Cooper, 
Maries, Miller, Moniteau and Morgan 

The Fifteenth district the counties of Saline, Pettis, 
Benton and Camden. 

The Sixteenth district the counties of Bates, Cass 
and Henry 

The Seventeenth district the counties of Lafayette 
and Johnson 

The Eighteenth district the counties of Newton, 
McDonald, Lawrence, Barry and Stone 

The Nineteenth district the counties of Greene, 
Webster, Christian, Douglas, Ozark and Taney 

The Twentieth district the counties of Dade, Dallas, 
Cedar, Polk, Hickory and St. Glair. 

The Twenty first district the counties of Franklin, 
Crawford, Gasconade and Osage 

The Twenty second district the counties Phelps, 
Pulaski, Laclede, Dent, Shannon, Howell, Texas and Wright 



GOVERNOR THOMAS THEODORE CRITTENDEN. 489 

The Twenty third district the counties of Scott, 
Stoddard, Mississippi, New Madrid, Dunklin and Pemiscot 

The Twenty fourth district the counties of Iron, 
Madison, Butler, Carter, Oregon, Reynolds, Ripley and 
Wayne 

The Twenty fifth district the counties of Jefferson, 
St. Louis and Washington. 

The Twenty sixth district the counties of Cape Girar- 
deau, Ste. Genevieve, St. Francois, Bollinger and Perry 

The Twenty seventh district the county of Jackson 

The Twenty eighth district the counties of Vernon, 
Barton and Jasper and the Twenty-ninth district, the 
Thirtieth district, the Thirty-first district the Thirty second 
district the Thirty third district and the Thirty fourth 
district the City of Saint Louis to be subdivided as required 
by sec. 6, art. IV of the Constitution. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal 
(Seal) of the State of Missouri. Done at the City of 
Jefferson this ninth day of May A. D. 1881. 
THO. T. CRITTENOEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMO VAL OF DISABILITIES 

MAT 26, 1881 
From the Register of Civil Proceedings, 1879-1888, p. 37% 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS Peter Jerman was at the December term 
1880, of the circuit court of Henry county convicted of 
selling liquor without license and thereby became dis- 
qualified to obtain a license to keep a dram shop within 
this state. 



490 MESSAGES AND PROCLAMATIONS OF 

Now THEREFORE I, Thomas T. Crittenden, governor 
of the state of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
remove the disabilities imposed on the said Peter Jerman 
by reason of such conviction. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
(Seal) of the State of Missouri. Done at the City 
of Jefferson this 26th day of May AD. 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. McGnATH, Secretary of State. 



OFFERING A REWARD 

JUNE 13, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 378 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS James Sherfield is charged with having com- 
mitted the crime of murder in the county of Mississippi on 
the second day of June 1881, and has fled from justice and 
cannot be arrested by ordinary process of law. 

Now THEREFORE, I, Thomas T. Crittenden, governor 
of the state of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of Two Hundred dollars for the arrest and 
delivery of said James Sherfield to the sheriff of said county 
of Mississippi at the county seat thereof at any time within 
one year from the date of thfese presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
(Seal) of the State of Missouri. Done at the City 
of Jefferson this 13th day of June A. D. 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State, 



GOVERNOR THOMAS THEODORE CRITTENDEN, 491 

SUSPENDING AN EXECUTION 

JUNE 24, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 384 



To all who shall see these presents Greeting: 

Know ye that by virtue of authority in me vested by 
law, and for good and sufficient reasons appearing I, Thomas 
T. Crittenden, governor of the state of Missouri, do hereby 
suspend the sentence and execution of Charles E. Talbott 
and Albert P. Talbott, until Friday the twenty-second day 
of July eighteen hundred and eighty one, who were by the 
judgment of the circuit court of Nodaway county at its 
November eighteen hundred and eighty adjourned term 
held in January eighteen hundred and eighty one sentenced 
to be hanged. 

And you the sheriff of said Nodaway County are hereby 
directed and commanded to carry out and execute the said 
judgment and sentence of said circuit court upon the said 
Charles E. Talbott and Albert P. Talbott on the said twenty 
second day of July Eighteen hundred and Eighty one in 
manner and form as therein set forth in every and all re- 
spects as you would and should have done if this suspension 
had not been made and this extension of time given. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
(Seal) of the State of Missouri. Done at the City 
of Jefferson this 24th day of June AD. 1881. 

THOS. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



492 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

JUNE 25, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 385 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS Taylor Underwood is charged with the 
murder of J. D. McEIrath in the county of Dade on the 
20th day of June 1881, and has fled from justice and cannot 
be arrested by ordinary process of law Now THEREFORE I, 
Thomas T. Crittenden, governor of the state of Missouri, 
by virtue of authority in me vested and for good and suffi- 
cient reasons appearing, do hereby offer a reward of Two 
hundred dollars for the arrest ond delivery of said Taylor 
Underwood to the sheriff of said county of Dade at the 
county seat thereof at any time within one year from the 
date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
(Seal) of the state of Missouri. Done at the city of 
Jefferson this 25th day of June A. D. 1881. 
THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

JULY 2, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 892 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS John McSorley stands charged by indict- 
ment with the crime of burglary and larceny in the cou(nty 
of Cole and has fled from justice and cannot be arrested 
by ordinary process of law: 



GOVERNOR THOMAS THEODORE CRITTENDEN, 491 

SUSPENDING AN EXECUTION 

JUNE 24, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 384 



To all who shall see these presents Greeting: 

Know ye that by virtue of authority in me vested by 
law, and for good and sufficient reasons appearing I, Thomas 
T. Crittenden, governor of the state of Missouri, do hereby 
suspend the sentence and execution of Charles E. Talbott 
and Albert P. Talbott, until Friday the twenty-second day 
of July eighteen hundred and eighty one, who were by the 
judgment of the circuit court of Nodaway county at its 
November eighteen hundred and eighty adjourned term 
held in January eighteen hundred and eighty one sentenced 
to be hanged. 

And you the sheriff of said Nodaway County are hereby 
directed and commanded to carry out and execute the said 
judgment and sentence of said circuit court upon the said 
Charles E. Talbott and Albert P. Talbott on the said twenty 
second day of July Eighteen hundred and Eighty one in 
manner and form as therein set forth in every and all re- 
spects as you would and should have done if this suspension 
had not been made and this extension of time given. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
(Seal) of the State of Missouri. Done at the City 
of Jefferson this 24th day of June AD. 1881. 

THOS. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



494 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

JULY 22, 1881 
From the Register of Civil Proceedings, 1879-1882, -p. 401 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS Emmet Jones is charged with the murder of 
Antoine Valle in the City of St. Louis on the 16th day of 
July 1881, and has fled from justice and cannot be arrested 
by ordinary process of law. Now THEREFORE, I, Thomas T. 
Crittenden, governor of the state of Missouri by virtue of 
authority in me vested and for good and sufficient reasons 
appearing do hereby offer a reward of One hundred dollars 
for the arrest of said Emmet Jones and his delivery to the 
sheriff of said city at any time within one year from the 
date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this 22ixd day of July AD. 1881. 
By the Governor: THO. T. CRITTENDEN. 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

JULY 28, 1881 
From the Register of Civil Proceedings, 1879-1882, pp. 404-405 



STATE OF MISSOURI, EXECUTIVE DEPABTMENT. 

WHEREAS it has been made known to me as the governor 
of the State of Missouri, that certain parties, whose names 
are to me unknown, have confederated and banded them- 
selves together for the purpose of committing robberies 
and other depredations within this state; and 



GOVERNOR THOMAS THEODORE CRITTENDEN. 495 

WHEREAS said parties did on or about the Eighth day 
of October 1879, stop a train near Glendale in the county 
of Jackson in said state and with force and violence take, 
steal and carry away the money and other express matter 
being carried thereon, and 

WHEREAS, on the 15th day of July 1881, said parties 
and their confederates did stop a train upon the line of the 
Chicago Rock Island and Pacific Railway Company, near 
Winston in the county of Daviess in said state, and with 
force and violence take, steal and carry away the money 
and other express matter being carried thereon: and 

WHEREAS in perpetration of the robbery last afore- 
said, the parties engaged therein did kill and murder one 
William Westfall the conductor of the train aforesaid, 
together with one John McCulloch who was at the time 
in the employ of said company then on said train: and 

WHEREAS Frank James and Jesse W. James stand 
indicted in the circuit court of Daviess county in the state 
aforesaid for the murder of John W. Sheets: and 

WHEREAS the parties engaged in the robberies and , 
murders aforesaid, and each of them, have fled from 
justice and have absconded and secreted themselves: 

Now THEREFORE, in consideration of the premises, 
and in lieu of all other rewards heretofore offered for the 
arrest or conviction of the parties aforesaid or either of 
them by any person or corporation I, Thomas T. Crittenden, 
governor of the state of Missouri do hereby offer a reward 
of Five thousand dollars ($5000.00) for the arrest and con- 
viction of each person participating in either of the robberies 
or murders aforesaid, excepting the said Frank James and 
Jesse W. James; and for the arrest and delivery of said Frank 
James and Jesse W. James, and each or either of them to 
the sheriff of said Daviess county I hereby offer a reward of 
Five Thousand dollars ($5000.) and for the ccnviction of 
either of the parties last aforesaid of participation in either 
of the murders or robberies above mentioned, I hereby offer 
a further reward of Five Thousand Dollars ($5000). 



496 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
the State of Missouri. Done at the City of 
Jefferson this twenty eight day of July A. D. 
188L 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

JULY 29, 1881 
From the Register of Civil Proceedings, 1879-188%, p. 406 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS Charles Moore stands charged by indictment 
in the county of Cass in the state of Missouri, with the 
murder of James W. Donovan which indictment is now 
pending in the county of Johnson in said state by reason of 
change of venue: And WHEREAS the said Charles Moore 
did on the 25th day of July 1881, break jail and escape from 
the county jail of Pettis county at Sedalia in said state, 
where he had been confined for safe keeping, and has fled 
from justice and cannot be arrested by ordinary process of 
law Now THEREFORE I, Thomas T. Crittenden, governor 
of the state of Missouri, by virtue of authority in me vested, 
and for good and sufficient reasons appearing do hereby 
offer a reward of One hundred and fifty dollars for the arrest 
of said Charles Moore and his delivery to the sheriff of said 
county of Johnson, at the county seat thereof at any time 
within one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 
(Seal) the state of Missouri. Done at the City of 

Jefferson this 29th day of July AD. 1881. 

THO. T. CRITTENDEN, 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR THOMAS THEODORE CRITTEN0EN. 497 

OFFERING A REWARD 

AUGUST 19, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 417 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS George Bohannon is charged with the murder 
of William Light in the county of Phelps on August 15th 
1881 and has fled from justice and cannot be arrested by 
ordinary process of law, 

Now THEREFORE I, Thomas T. Crittenden governor of 
the state of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of one hundred and fifty dollars for the arrest 
and delivery of said George Bohannon to the sheriff of said 
county of Phelps at the county seat thereof at any time 
within one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
' hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 19th day of August A. D. 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

AUGUST 30, 1881 
From the Register of Civil Proceedings, 1879-188&1 p. 



STATE or MISSOURI, EXECUTIVE DEPAKTMENT. 

WHEREAS it has been made known to me that on the 
25th day of August 1881, a band of armed robbers whose 
names to me are all unknown attacked and robbed the 
passengers in an omnibus between Lexington Lafayette 



498 MESSAGES AND PROCLAMATIONS OF 

county Missouri and the Richmond and Lexington junction 
in Ray county Missouri, and WHEREAS the said robbers have 
fled from justice and cannot be arrested by ordinary criminal 
process. 

Now THEREFORE I, Thomas T. Crittenden, Governor 
of the State of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of One hundred dollars for the apprehension 
and conviction of each of the persons engaged in said robbery, 
said persons to be delivered to the sheriff of said county of 
Ray at the county seat thereof at any time within one year 
from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
the state of Missouri. Done at the City of 
Jefferson this Thirtieth day of August AD. 
1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

SEPTEMBER 20, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 4$0 



STATE or MISSOUHI, EXECUTIVE DEPARTMENT. 

WHEREAS Asa Hooten stands charged by indictment 
with the murder of George Wright in the county of Chariton 
on the sixth day of August 1881, and has fled from justice 
and cannot be arrested by ordinary process of law. 

Now THEREFORE I, Thomas T. Crittenden governor 
of the state of Missouri by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of One hundred and fifty dollars for the arrest 
and delivery of said Asa Hooten to the sheriff of said county 



GOVERNOR THOMAS THEODORE CRITTENDEN. 499 

of Chariton at the county seat thereof at any time within 
one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
of the State of Missouri. Done at the City of 
Jefferson this 20th day of September A. D. 
1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON MEMORIAL SER VICES FOR PRESIDENT 
GARFIELD. 

SEPTEMBER 21, 1881 
From the Register of Civil Proceedings, 1879-188$, p. 482 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

In view of the terrible affliction which in the providence 
of God has fallen upon the nation in the death of James A. 
Garfield, president of the United States, it is proper that 
we as a Christian people should acknowledge our dependence 
upon God and implore the divine blessing upon our country 

Therefore I, Thomas T. Crittenden, governor of the 
state of Missouri do hereby set apart Monday September 
26th 1881, as a day of humiliation and prayer and I request 
that the people abstain from their accustomed vocations 
on that day and that all public offices and private business 
houses be closed and that the people assemble at their usual 
places of worship, at the hour of two o'clock P. M. of that 
day, that being the hour announced for the sepulture of 
the late president, and unite in memorial services and in 
devout prayer to Almighty God to deliver the nation from 
the consummation of the plans of the wicked, and save it 
from a repetition of the attrocious crime which a second 
time in our country's history has stricken down the chief 



500 MESSAGES AND PROCLAMATIONS OF 

magistrate, filled the hearts of the people, with sorrow and 
excited the horror of the civilized world. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this 21st day of September AD 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MIGH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

SEPTEMBER 24, 1881 
From the Register of Civil Proceedings, 1879-1888> p. 484 



STATE OF MISSOURI, EXECUTIVE DEPAETMENT. 

WHEREAS it has been made known to me that on the 
4th day of September 1881, in the county of Cole, Dr 
Montezuma Hemstreet was murdered on the highway by 
persons to me unknown, And WHEREAS said persons have 
fled from justice and cannot be arrested by ordinary process 
of law 

Now THEREFORE, I, Thomas T. Crittenden, governor 
of the state of Missouri by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of one hundred dollars for the arrest and 
delivery of said persons to the sheriff of Cole county at 
Jefferson City, at any time within one year from the date 
of these presents, and a further reward of fifty dollars 
payable when said persons are convicted, 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
the state of Missouri. Done at the City of 
Jefferson this 24th day of September AD 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. McGjuTH, Secretary of State. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 501 

OFFERING A REWARD 

OCTOBER 10, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 439 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Lewis Minick stands charged by indictment 
with the murder of James Maupin in the county of Chariton, 
and has fled from justice and cannot be arrested by ordinary 
process of law. 

Now THEREFORE I, Thomas T. Crittenden, governor 
of the state of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of One Hundred and fifty dollars for the 
arrest and delivery of said Minick to the sheriff of Chariton 
county at the county seat thereof at any time within one 
year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal 
(Seal) of the State of Missouri Done at the City of 
Jefferson this 10th day of October A. D. 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

OCTOBER 15, 1881 
From the Register of Civil Proceedings, 1879-188%, p. 448 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS it has been made known to me that James C. 
Atkinson and Appleton Atkinson, convicted of murder in 
the county of Pemiscot have escaped from the jail of said 



502 MESSAGES AND PROCLAMATIONS OF 

county and have fled from justice and cannot be arrested 
by ordinary process of law 

Now THEREFORE I, Thomas T. Crittenden, Gover- 
nor of the State of Missouri, by virtue of authority 
in me vested and for good and sufficient reasons appearing 
do hereby offer a reward of One hundred dollars each for the 
arrest and delivery of said James C. Atkinson and Appleton 
Atkinson to the sheriff of said county of Pemiscot, at Gayoso 
the county seat thereof, at any time within one year from 
the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri Done at the City of 
Jefferson this 15th day of October AD. 1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON THANKSGIVING 

NOVEMBER 9, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 454 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, in obedience to a time honored custom of 
the American people, the President of the United States 
has named a day when all the people shall abstain from 
secular pursuits and return their thanks and praise to the 
Allwise source of every good for the mercy which has pro- 
tected and the bounty which has sustained us during the 
past year. 

Now THEREFORE I, Thomas T. Crittenden, governor 
of the state of Missouri, do hereby set apart Thursday 
November 24th 1881, as a day of Thanksgiving and prayer, 
and I recommend that all public offices be closed and that 
the people abstain from their accustomed vocations on 
that day, and assemble at their usual places of worship 



GOVERNOR THOMAS THEODORE CRITTENDEN. 503 

and engage in such devotional and thanksgiving services 
as to them may seem appropriate and invoke a continuance 
of that Infinite Goodness and mercy which has so signally 
guided and blessed us in time past. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal 
of the state of Missouri. Done at the City 
of Jefferson this ninth day of November A. D. 
1881. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

NOVEMBEE 21, 1881 
From the Register of Civil Proceedings, 1879-1882, p. 460 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, it has been made known to me that James R. 
Finney was on the 22nd day of October 1881, in the county 
of Buchanan, assassinated by some person or persons to 
me unknown, and that they have fled from justice and can- 
not be arrested by ordinary process of law: 

Now THEREFORE, I, Thomas T. Crittenden, governor 
of the state of Missouri, by virtue of authority in me vested, 
and for good and sufficient reasons appearing do hereby 
offer a reward of One Hundred and fifty dollars for the arrest 
of said person or persons and their delivery to the sheriff 
of Buchanan county at any time within one year from the 
date of these presents. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal 

(Seal) of the State of Missouri Done at the City of 

Jefferson this 21st day of November AD. 1881. 

THOMAS T. CRITTENDEN. 
By the Governor: 

MICH'L K. McGRATH, Secretary of State. 



504 MESSAGES AND PROCLAMATIONS OF 

ON REMOVAL OF DISA BILITIES 

DECEMBER 17, 1881 
From the Register of Civil Proceedings, 1879-188$, p. 4?4 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS Thomas M. Stark was, at the April term 
eighteen hundred and eighty of the circuit court of Bates 
county, sentenced to imprisonment in the penitentiary of 
this state for the term of two years for the crime of felonious 
assault, and thereby became disqualified to be sworn as a 
witness or juror in any cause or to vote at any election or 
to hold any office of honor profit or trust within this state. 
Now THEREFORE I, Thomas T. Crittenden, governor of 
the state of Missouri, by virtue of authority in me vested 
by law and for good and sufficient reasons appearing, do 
hereby remove the aforesaid disabilities imposed on the 
said Thomas M. Stark by reason of such conviction. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the Great Seal 
(Seal) of the state of Missouri Done at the City of 

Jefferson this seventeenth day of December A. 

D. Eighteen hundred and eighty one. 

THO. T. CRITTENDEN. 
By the Governor 

MICH'L K. MCGRATH, Secretary of State. 



ON DECLARING CERTAIN COMMISSIONS 
VACATED 

JANUARY 6, 1882 
From the Register of Civil Proceedings, 1879-188%, p. 483 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

By virtue of authority in me vested I, Thomas T. 
Crittenden, Governor of the State of Missouri, hereby 



GOVERNOR THOMAS THEODORE CRITTENDEN. 505 

declare vacated, from and after the First day of February 
eighteen hundred and eighty two the commissions hereto- 
fore issued to William M. Thomas of the City and State of 
New York and James H. Frush of Muttnomah county, 
State of Oregon as commissioners of deeds for the State of 
Missouri, they having failed to duly qualify as such com- 
missioners as required by section 641 of the revised statutes 
of the State of Missouri of 1879. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 
(Seal) the State of Missouri Done at the City of 

Jefferson this sixth day of January AD. eighteen 

hundred and eighty two. 

THOS. T. CRITTENDEN. 
By the Governor 

MICH'L D. McGRATH, Secretary of State. 



REMOVAL OF DISABILITIES 

JANUARY 17, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 490 



The State of Missouri, To all who shall see these presents 
Greeting: 

WHEREAS Charles Flowers was at the April term 1878 
of the circuit court of Polk county, convicted of grand 
larceny and sentenced by said court to imprisonment in the 
penitentiary of this state for a term of two years, and thereby 
became disqualified to be sworn as a witness or juror in any 
cause or to vote at any election or to hold office of honor, 
profit or trust within said state Now THEREFORE, I, 
Thomas T. Crittenden, Governor of the State of Missoiri, 
by virtue of authority in me vested and for good and suffi- 
cient reasons appearing, do hereby remove the disabilities 
imposed on the said Charles Flowers by reason of such 
conviction 



506 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof, I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri Done at the City of 

Jefferson this seventeenth day of January AD 

1882. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

FEBEUAKT 25, 1882 
From the Register of Civil Proceedings, 1879-1888, p. 513 



The State of Missouri, To all who shall see these presents, 
Greeting: 

Know ye that WHEREAS Alfred Hertz was, by the 
judgment of the criminal court of Jackson county at its 
February term 1880, sentenced to imprisonment in the 
penitentiary of this state for the term of two years for the 
crime of embezzlement; and was discharged from his said 
imprisonment on the 9th day of September 1881, 

Now THEREFORE I, Thomas T. Crittenden, Governor 
of the State of Missouri, by virtue and authority of law and 
for good and sufficient reasons appearing do hereby remove 
all disabilities imposed upon the said Alfred Hertz by reason 
of the aforesaid conviction. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
the State of Missouri Done at the City of 
Jefferson this 25th day of February in the year 
of our Lord One thousand Eight hundred and 
Eighty-two, of the independence of the United 
States the 106th and of the State of Missouri 
the sixth second. 

THO. T. CRITTENDEN. 
By the Governor: 

MIGH'L K. MCGRATH, Secretary of State. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 507 

OFFERING A REWARD 

FEBRUARY 28, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 515 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS A. R. Moore, stands charged by affidavit 
with the crime of grand larceny in the county of Bates, and 
has fled from justice and cannot be arrested by ordinary 
process of law. 

Now THEREFORE, I, Thomas T. Crittenden, Governor 
of the State of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of One hundred dollars for the arrest, con- 
viction and delivery of said A. R. Moore to the sheriff of 
said county of Bates, at the county seat thereof at any time 
within one year from the date of these presents. 

In Testimony "Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this 28th day of February A. D. 1882. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

MARCH 1, 1882 
From the Register of Civil Proceedings, 1879-188$, p. 516 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, Campbell Engle stands charged by indict- 
ment with the murder of Edward G. Godsey in the county 
of Nodaway and has fled from justice and cannot be arrested 
by ordinary process of law. 



508 MESSAGES AND PROCLAMATIONS OF 

Now THEREFORE, I, Thomas T. Crittenden, Governor 
of the State of Missouri* by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of Two Hundred dollars for the arrest and 
delivery of said Campbell Engle to the sheriff of said county 
of Nodaway, at the county seat thereof at any time within 
one year from the date of these presents 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal 
(Seal) of the state of Missouri. Done at the City 
of Jefferson this first day of March AD 1882. 
THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

MARCH 1, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 517 



The State of Missouri, To all who shall see these presents 
Greeting: 

Know ye that- WHEREAS James C. Byers was by the 
judgment of the circuit court of Franklin county at its May 
term 1874, sentenced to imprisonment in the county jail 
of said Franklin county for a term of ten days for the crime 
of petit larceny, and was discharged from his said imprison- 
ment on the thirty first day of May eighteen hundred and 
seventy four, 

Now THEREFORE I, Thomas T. Crittenden, governor of 
the State of Missouri, by virtue and authority of law,' and 
for good and sufficient reasons appearing, do hereby remove 
all disabilities imposed upon the said James C. Byers by 
reason of the conviction aforesaid. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 



GOVERNOR THOMAS THEODORE CRITTENDEN. 509 

the State of Missouri Done at the City of 
(Seal) Jefferson this first day of March in the year of 
Our Lord one thousand eight hundred and 
Eighty-two, of the Independence of the United 
States the One hundred and sixth and of the 
State of Missouri the sixty second. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



CALLING A SPECIAL SESSION OF THE GENERAL 

ASSEMBLY 

MARCH 27, 1882 
From the Register of Civil Proceedings, 1879-1888, p. 535 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 
By virtue of authority in me vested by the constitution 
of the state of Missouri, I, Thomas T. Crittenden, governor 
of the state of Missouri, do hereby convene the Thirty first 
General Assembly of the state of Missouri in special session, 
and I do hereby call upon the Senators and Representatives 
of the general assembly aforesaid to meet in their respective 
places in the Capitol in the City of Jefferson at the hour of 
2 o'clock p. m., on Wednesday the nineteenth day of April 
A. D. 1882 for the following purposes: 

To apportion the state into fourteen Congressional 
districts and provide for the election of representatives 
therein. 

To make appropriation for the expenses of this special 
session of the General Assembly. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 27th day of March AD. 1882. 
THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. McGRATH, Secretary of State. 



510 MESSAGES AND PROCLAMATIONS OF 

OFFERING A REWARD 

MARCH 30, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 538 

STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS, William G. Fox stands charged by indict- 
ment with the murder of Charles Johns in the county of 
Stoddard, and has fled from justice and cannot be arrested 
by ordinary process of law 

Now THEREFORE, I, Thomas T. Crittenden, governor 
of the State of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of Two Hundred Dollars for the arrest and 
delivery of said William G. Fox to the sheriff of said county 
of Stoddard at the county seat thereof at any time within 
one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri. Done at the City of 
Jefferson this 30th day of March AD. 1882 
THO. T. CRITTENDEN. 
By the Governor: 

MIGH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

APRIL 1, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 540 



STATE OF MISSOUBI, EXECUTIVE DEPARTMENT. 

WHEREAS Hugh McMahan stands charged by indict- 
ment with the murder of James Barker in the county of 
Stoddard, and has fled from justice and cannot be arrested 
by ordinary process of law, 



GOVERNOR THOMAS THEODORE CRITTENDEN. 511 

Now THEREFORE, I Thomas T. Crittenden, governor 
of the state of Missouri by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of One hundred and fifty dollars for the arrest 
and delivery of said Hugh McMahan to the sheriff of said 
county of Stoddard at the county seat thereof at any time 
within one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri Done at the City of 

Jefferson this 1st day of April A. D. 1882. 
THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REMOVAL OF DISABILITIES 

APRIL 7, 1882 
From the Register of Civil Proceedings, 1879-1882, p. &4$ 

The State of Missouri, To all who shall see these presents 

Greeting: 

Know ye that WHEREAS Joseph D. Keebaugh was at 
the April term AD 1877 of the Howard county circuit court 
convicted of forgery and sentenced to the penitentiary of 
this state and thereby became disqualified to be sworn as a 
witness or juror in any cause, or to vote at any election or 
to hold any office of honor, profit or trust within said state 
and the said Joseph D. Keebaugh having been discharged 
from his said imprisonment. 

Now THEREFORE I, Thomas T, Crittenden, governor 
of the state of Missouri, by virtue of authority in me vested 
by law and for good and sufficient reasons appearing do 
hereby remove the disabilities imposed upon the said Joseph 
D. Keebaugh by reason of such conviction and judgment. 



512 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal 
of the state of Missouri. Done at the City of 
(Seal) Jefferson this seventh day of April in the year 
of Our Lord One thousand eight hundred and 
Eighty two, of the independence of the United 
States the One hundred and sixth, and of the 
State of Missouri the sixty second 

THOS. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

JUNE 30, 1882 
From the Register of Ciril Proceedings, 1879-1882, pp. 584-585 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS George W. Birdsong stands charged by 
indictment with the crime of rape in the county of Moniteau 
and has fled from justice and cannot be arrested by ordinary 
process of law. Now THEREFORE I, Thomas T. Crittenden, 
Governor of the State of Missouri, by virtue of authority 
in me vested and for good and sufficient reasons appearing, 
do hereby offer a reward of two hundred and fifty dollars 
for the arrest and delivery of said George W. Birdsong to 
the sheriff of said county of Moniteau at the county seat 
thereof at any time within one year from the date of these 
presents 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri Done at the City of 
Jefferson this 30th day of June AD. 1882 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 513 

OFFERING A REWARD 

JUNE 30, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 586 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS Howard Adams stands charged by indict- 
ment with the crime of rape in the county of Moniteau and 
has fled from justice and cannot be arrested by ordinary 
process of law 

Now THEREFORE I, Thomas T. Crittenden governor 
of the state of Missouri by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of Two hundred and fifty dollars for the arrest 
and delivery of said Howard Adams to the sheriff of said 
county of Moniteau at the county seat thereof at any time 
within one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri Done at the City of 

Jefferson this 30th day of June A. D. 1882 
THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. McGRATH, Secretary of State. 



OFFERING A REWARD 

JULY 3, 1882 
From the Register of Civil Proceedings, 1 879-1 888, p. 587 

STATE OP MISSOUBI, EXECUTIVE DEPARTMENT. 

WHEREAS Marion A. Holly stands charged by indict- 
ment with the murder of John Pierce in the county of Pemi- 
scot and has fled from justice and cannot be arrested by 
ordinary process of law Now THEREFORE I, Thomas T. 

17 



514 MESSAGES ANJ& PROCLAMATIONS OF 

Crittenden Governor of the State of Missouri by virtue of 

authority in me vested and for good and sufficient reasons 

appearing do hereby offer a reward of One hundred dollars 

for the arrest and delivery of said Marion A. Holly to the 

sheriff of said county at Gayoso, the county seat thereof 

at any time within one year from the date of these presents. 

In Testimony "Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri Done at the City of 

Jefferson this 3rd day of July AD 1882 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

JULY 10, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 591 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 
WHEREAS Taylor Starks, and a party whose name is 
to me unknown, stand charged with the murder of Charles 
Edmonson in the county of Newton on the 17 day of June 
1882, and have fled from justice and cannot be arrested by 
ordinary process of law Now THEREFORE I, Thomas T. 
Crittenden, governor of the State of Missouri, by virtue 
of authority in me vested and for good and sufficient reasons 
appearing, do hereby offer a reward of One hundred and 
fifty dollars each for the arrest and delivery of said Taylor 
Starks and said unknown party to the sheriff of said county 
of Newton at Neosho the county seat thereof at any time 
within one year from the date of these presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri Done at the City of 
Jefferson this 10th day of July AD 1882. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 515 

OFFERING A REWARD 

JULY 22, 1882 
From the Register of Civil Proceedings, 1879-188$, p. 597 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS James H. Lewis, and George Lewis are 
charged with the crime of highway robbery in the county 
of Barton and have fled from justice and cannot be arrested 
by ordinary process of law. 

Now THEREFORE I, Thomas T. Crittenden, Governor 
of the State of Missouri by virtue of authority in me vested, 
and for good and sufficient reasons appearing, do hereby 
offer a reward of One hundred and fifty dollars each for 
the arrest and conviction of said James H. Lewis and George 
Lewis at any time within two years from the date of these 
presents. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal 
(Seal) of the State of Missouri. Done at the City of 
Jefferson this 22nd day of July A. D. 1882. 
THO. T, CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

AUGUST 7, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 60S 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT, 

WHEREAS Jonathan Lawless stands charged with the 
murder of James English in the county of Platte and State 
of Missouri, and has fled from justice and cannot be arrested 
by ordinary process of law. 

Now THEREFORE I, Thomas T. Crittenden, governor 
of the State of Missouri, by virtue of authority in me vested 



516 MESSAGES ANB PROULAMATIOKS OF 

and for good and sufficient reasons appearing, do hereby 
offer a reward of One Hundred and fifty dollars for the 
arrest and delivery of said Jonathan Lawless to the sheriff 
of said county of Platte, at Platte City the county seat 
thereof, at any time within one year from the date of these 
presents 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of the 
(Seal) State of Missouri. Done at the City of Jeffer- 
son this seventh day of August AD 1882 

THO. T. CRITTENDEN 
By the governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

AUGUST 8, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 606 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 
WHEREAS John Williams stands charged by indictment 
in the circuit court of St. Francois county with the murder 
of Mathew Kinney in the county aforesaid on the 3rd day 
of December 1871, and has fled from justice and cannot be 
arrested by ordinary process of law. 

Now THEREFORE I, Thomas T. Crittenden, govenor 
of the state of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of One hundred and fifty dollars for the arrest 
and delivery of said John Williams to the sheriff of said 
county of St. Francois, at Farmington, at any time within 
one year from the date hereof. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the State of Missouri Done at the City of 
Jefferson this Eighth day of August AD 1882 

THO. T. CRITTENDEN 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



GOVERNOR THOMAS THEODORE CRITTENDEN. 517 

REMOVAL OF DISABILITIES 

AUGUST 21, 1882 
From the Register of Civil Proceedings, 1879-1882, pp. 610-611 



The State of Missouri, To all who shall see these presents 
Greeting: 

Know ye that WHEREAS John Burns was at the May 
term 1881 of the Criminal Court of Pettis county convicted 
of the crime of assault with attempt to kill and sentenced 
to imprisonment in the county jail of said Pettis county of 
this state, and thereby became disqualified to be sworn as a 
witness or juror in any cause, or to vote at any election, or 
to hold any office of honor, profit or trust within said state, 
and the said John Burns having been discharged from his 
said imprisonment, Now THEREFORE I, Thomas T. Crit- 
tenden governor of the State of Missouri, by virtue of 
authority in me vested by law, and for good and sufficient 
reasons appearing, do hereby remove the disabilities im- 
posed upon the said John Burns by reason of the conviction 
and judgment aforesaid 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal of 
the State of Missouri. Done at the City of 
Jefferson this twenty first day of August in the 
(Seal) year of Our Lord One thousand eight hundred 
and eighty two, of the independence of the 
United States the one hundred and seventh, and 
of the State of Missouri the sixth third. 

THO. T. CRITTENDEN. 
By the Governor: 

MIGH'L K. MG&RATH, Secretary of State. 



518 MESSAGES AND PROCLAMATIONS OF 

ON DECLARING A COMMISSION VACATED 

SEPTEMBERS, 1882 
From the Register of Civil Proceedings, 1879-1888, p. 619 

STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

By virtue of authority in me vested I, Thomas T. 
Crittenden, Governor of the State of Missouri, hereby 
declare vacated* from and after the first day of October 
1882, the commission heretofore issued to Edward Taussig 
of the city of London, England, as commissioner of deeds 
for the state of Missouri, he having failed to qualify as such 
commissioner as required by section 641 of the Revised 
Statutes of the State of Missouri 1879. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the State of Missouri. Done at the City of 

Jefferson this fifth day of September A. D. 1882. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

SEPTEMBER 18, 1882 
From the Register of Civil Proceedings, 1879-1882, p. 625 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS it has been made known to me that William 
Beavers, who was on the 8th day of August 1882 in the 
circuit court of McDonald county, convicted of the crime 
of burglary and larceny and sentenced to five years imprison- 
ment in the penitentiary, has escaped from the sheriff of 
said county and cannot be arrested by ordinary process of 
law 



GOVERNOR THOMAS THEODORE CRITTENDEN. 519 

Now THEREFORE I, Thomas T. Crittenden, Governor 
of the State of Missouri, by virtue of authority in me vested, 
and for good and sufficient reasons appearing do hereby 
offer a reward of One Hundred and fifty dollars for the 
arrest and delivery of said William Beavers to the sheriff 
of said county of McDonald at Pineville the county seat 
thereof at any time within one year from the date hereof. 

In Testimony Whereof I have hereunto set my 

hand and caused to be affixed the great seal of 

(Seal) the state of Missouri. Done at the City of 

Jefferson this 18th day of September A. D. 

1882. 

THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



OFFERING A REWARD 

OCTOBEB 3, 1882 
From the Register of Civil Proceedings, 1882-1885, p. 



STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS William Carter stands charged by indict- 
ment with the murder of Jesse L. Fowler in the county of 
Jasper and has fled from justice and cannot be arrested by 
ordinary process of law. 

Now THEREFORE I, Thomas T. Crittenden, governor of 
the state of Missouri, by virtue of authority in me vested 
and for good and sufficient reasons appearing do hereby 
offer a reward of One hundred and fifty dollars for the arrest 
and delivery of said William Carter to the sheriff of said 
county of Jasper at the county seat thereof at any time 
within one year from the date of these presents. 



520 MESSAGES AND PROCLAMATIONS OF 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the Great Seal of 
(Seal) the State of Missouri Done at the City of 
Jefferson this 3rd day of October A. D. 1882 
THO. T. CRITTENDEN. 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State. 



ON REVOKING THE PROCLAMATION OF 
JULY 28, 1881 

OCTOBER 7, 1882 
From the Register of Civil Proceedings, 1888-1885, p. 6 

STATE OF MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS on the twenty eighth day of July AD. 
1881, I, as governor of the state of Missouri, did issue a 
proclamation offering certain rewards therein specified for 
the arrest and conviction of certain express and train 
robbers. Now by virtue of the power in me vested as 
governor aforesaid I do hereby revoke and annul from and 
after this date said proclamation and declare the offer of 
said rewards to be no longer in force, for the reason that the 
principal actors in, and perpetrators of the crimes therein 
mentioned, are dead or are in the custody of the law of the 
state. 

I congratulate the people of Missouri on the restoration 
of peace and the supremacy of the law over the entire 
state, the result of the efficiency of the various officers of 
the law who have contributed to this happy end. 

In Testimony Whereof I have hereunto set my 
hand and caused to be affixed the great seal of 
(Seal) the state of Missouri Done at the City of 
Jefferson this 7th day of October AD. 1882. 

THO. T. CRITTENDEN- 
By the Governor: 

MICH'L K. MCGRATH, Secretary of State 



GOVERNOR THOMAS THEODORE CRITTENDEN. 521 

ON THE DBA TH OF WILLARD P. HALL 

NOVEMBER 6, 18S2 
From the Register of Civil Proceedings, 1882-1885, p. 17 



STATE OP MISSOURI, EXECUTIVE DEPARTMENT. 

WHEREAS we have learned with profound sorrow of 
the death of the Honorable Willard P. Hall, a former gover- 
nor of this state, who departed this life at his home in St. 
Joseph on Friday the third day of November, instant: 
Now THEREFORE I, Thomas T. Crittenden, governor of 
the state of Missouri, by virtue of authority in me vested 
do hereby direct that business be suspended in the several 
departments of state today at 12